PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 May 2002
	DOCKET NUMBER:   AR2002068293

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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 awards of the Parachutist Badge and the Bronze Star Medal (BSM) be added to his records.

3.  The applicant states that he attended jump school at Fort Benning, Georgia and was on airborne status.  He was also told that he was awarded the BSM, but never received it.  Accordingly, he desires to receive the BSM and have both the BSM and Parachutist Badge added to his records.

4.  The applicant’s military records, though somewhat incomplete, show that he enlisted in Los Angeles, California on 15 August 1968, for a period of 3 years, under the Airborne Enlistment Option.  It appears from information obtained from partial medical records, that he attended basic combat training at Fort Ord, California and was transferred to Fort Gordon, Georgia, to attend his advanced individual training as an infantryman in November 1968.  

5.  He was transferred to Vietnam on 8 May 1969 and arrived there without his records.  Temporary records were constructed which show that he was assigned to B Company, 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division.  He was advanced to the pay grade of E-3 on 9 May 1969.  

6.  The available records show that he remained in Vietnam until 24 November 1969, when he was transferred to a hospital in Japan.  He remained in Japan until he was transferred to Fort Ord on 4 June 1970.  He went absent without leave (AWOL) on 8 July 1970 and remained absent until he was returned to military control on 14 December 1970.  He again went AWOL on 5 January 1971 and remained absent until he was apprehended by civil authorities, and was returned to Fort Ord on 9 June 1971, where charges were preferred against him.

7.  On 11 June 1971, after consulting with counsel, he submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He also elected to submit a statement in his own behalf, whereas he asserted that he should be given a general discharge based on his service in Vietnam and because his wife was on welfare because he could not support her and his child, with another on the way and he had to go AWOL to get a job to take care of his family because all attempts to get help from the Army had failed.  The appropriate authority approved his request and directed that he be issued a General Discharge Certificate.

8.  Accordingly, he was discharged under honorable conditions on 3 August 1971, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served 2 years, 1 month and 8 days of total active service and had 313 days of lost time due to AWOL.  His report of separation (DD Form 214) shows that he was awarded the CIB, the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

9.  A review of the available records shows that he was also awarded the BSM, the Army Commendation Medal (ARCOM), and the Air Medal (AM) and there are documents present which shows that the National Personnel Records Center issued an authorization for issuance of those awards to the applicant as late as 28 January 2002.  There is no indication of his ever attending parachutist training or being awarded the special qualification identifier “P” that is used to denote parachutist qualifications in the available records.

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 applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class (RVNCAHM-FC) Unit Citation and the Presidential Unit Citation (PUC) for service in Vietnam during the period he was assigned to the unit.  His unit participated in the Vietnam Counteroffensive and Counteroffensive Phase II Campaigns during the applicant’s tenure in Vietnam, accordingly he was authorized two bronze service stars for wear on his already awarded VSM. 

CONCLUSIONS:

1.  It appears that the applicant lost his records upon completion of his training because when he arrived in Vietnam, temporary records had to be constructed.  After returning to the United States, he began a series of going AWOL and his records were never brought up to date.

2.  In any event, there is no evidence in the available records to show that he successfully completed his airborne training or that he was awarded the Parachutist Badge.  Accordingly, there is no basis for the Board to direct this correction.

3.  However, the evidence of record does show that he was awarded the BSM, the ARCOM and the AM, which were not entered on his records at the time of separation.  Accordingly they should be entered at this time.

4.  In addition, he participated in two campaigns, was eligible for award of two bronze service stars for wear on his already awarded VSM, and his unit was awarded the RVNGC w/Palm Unit Citation, RVNCAHN-FC Unit Citation and the PUC during his tenure with that unit.  Accordingly they should be awarded at this time.

5.  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 BSM, ARCOM and AM; and 

b.  by awarding him two bronze service stars for wear on his already awarded VSM, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the PUC.

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

BOARD VOTE:  

___jlp ___  __be____  __tl ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068293	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.		
3.		
4.		
5.		
6.