PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001058058

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Army Commendation Medal (ARCOM) and that he was discharged from the Army on 1 September 1975.

3.  The applicant states that the ARCOM was clearly omitted from his DD Form 214 and that his DD Form 214 is lacking service data and should reflect all of his verified awards.  In support of his appeal he submits a copy of his United States Army Reserve (USAR) Discharge Certificate; copies of the certificate and citation awarding him the ARCOM; and a copy of the recommendation for award of the ARCOM.

4.  The applicant’s military records show that on 4 September 1969 he enlisted in the USAR in the Delayed Entry Program.  He enlisted in the Regular Army on 12 September 1969 and he successfully completed his training as an artillery surveyor.  On 6 November 1970, he was transferred to Vietnam and was assigned to Headquarters & Headquarters Detachment, 8th Artillery, 7th Battalion.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device 60 and the Bronze Star Medal.

6.  A review of the records shows that the applicant was awarded the ARCOM on 11 September 1971 for meritorious service in support of military operations against communist aggression in the Republic of Vietnam for the period covering 6 December 1970 to 8 September 1971.  However, the ARCOM is not included on his DD Form 214.

7.  On 5 October 1971, he returned to the Continental United States and was honorably released from active duty on 17 March 1972.  The DD Form 214 that he was furnished at the time of his separation from active duty shows that he was transferred to the USAR Control Group (Annual Training) to complete his reserve obligation.  He was honorably discharged from the USAR on 1 September 1975.

8.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the active Army.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the units the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM - FC) for the period in which he served. 

CONCLUSIONS:

1.  In accordance with the applicable regulation, the applicant was furnished a DD Form 214 that appropriately reflects his active duty service and his date of discharge from active duty.  The DD Form 214 is not to be changed to reflect service performance subsequent to release from active duty and therefore, the date currently reflected is correct.

2.  He was awarded the ARCOM on 11 September 1971 for meritorious service.  Additionally, the unit to which he was assigned to for the period in which he served was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM – FC.

3.  He is clearly entitled to these awards and his records should be corrected accordingly.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the Army Commendation Medal; and

b. by awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_hbo____  ___cla __  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Celia L. Adolphi____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058058	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  66	107.0020	
3.  189	110.0000	
4.  190	110.0100	
5.		
6.