PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 13 June 2002
	DOCKET NUMBER:        AR2002070082

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal and the Vietnam Campaign Medal for his service in Vietnam.  

3.  The applicant states that item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 should show award of the Vietnam Service Medal and the Vietnam Campaign Medal and also any other additional medals to which he is entitled for his period of active duty service in Vietnam.  In support of his application, he submits a copy of his DD Form 214, reassignment orders, and a Certificate of Service.

4.  The American Legion, as counsel for the applicant, noted that the applicant is requesting entitlement to the above medals based on his service in Vietnam.  Counsel stated that the applicant's DA Form 24 (Service Record) indicates he departed for Vietnam on 29 July 1965 (sic) and arrived at Cam Ranh Bay on 29 July 1965.  Counsel further stated that the applicant's departure date is listed as 19 September 1965 and his DD Form 214 indicates 2 months and 12 days of foreign service.  Counsel opined that the applicant's submission, in conjunction with the official military records, substantiates his contentions and the facts needed for an equitable review.

5.  The applicant’s military records show that he enlisted in the Army on 26 September 1962 for a period of 3 years.  He successfully completed basic and advanced individual training and served in Vietnam as a field artilleryman.  The applicant was honorably released from active duty on 21 September 1965 in the rank of private first class.

6.  The applicant's DD Form 214 does not show entitlement to any awards for service in Vietnam.

7.  The applicant's DA Form 24 shows he departed Oakland, California on 8 July 1965, arrived in Vietnam on 29 July 1965, and departed Vietnam on 19 September 1965.

8.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in the Vietnam Defense Campaign.

9.  The Board noted that the applicant is entitled to the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are also not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 320th Field Artillery of the 101st Airborne Division, the unit was cited for award of the Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 1, dated 1969, amended Department of the Army General Orders Number 17, dated 1968.

11.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  Records show the applicant served in Vietnam from 8 July 1965 through 19 September 1965.

2.  The applicant completed a period of qualifying service for award of the Vietnam Service Medal.  Therefore, he is entitled to award of the Vietnam Service Medal and correction of his records to show this award.

3.  Evidence of record shows the applicant participated in one campaign during his assignment in Vietnam.  Therefore, in accordance with the governing regulation, the applicant is entitled to one bronze service star to be affixed to his Vietnam Service Medal.  

4.  Records show the applicant did not serve a period of six months in Vietnam; therefore, he did not complete a period of qualifying service for award of the Vietnam Campaign Medal and there is no basis for awarding the Vietnam Campaign Medal in this case.

5.  While the applicant was assigned to the 1st Battalion, 320th Field Artillery of the 101st Airborne Division in Vietnam, the unit was cited for award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this award.

6.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Vietnam Service Medal with one bronze service star, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

CLA_____  DPH_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2002070082	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020611	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0073	
2.	107.0088	
3.		
4.		
5.		
6.