PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 July 2003                   
	DOCKET NUMBER:   AR2003084286

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Flethcher 		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 military records to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the "Cold War Victory Commemorative Medal" (correctly known as the Cold War Recognition Certificate), the "Combat Service Commemorative Medal" and the "United States Army Commemorative Medal."  

3.  The applicant states, in effect, these awards are not shown on his DD Form 214 (Report of Transfer or Discharge) or DD Form 215 (Correction to DD Form 214).  In support of his application, he submits a copy of his DD Form 214 and DD Form 215.    

4.  The Board notes that the applicant has requested award of the Cold War Recognition Certificate.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445.  Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

5.  The applicant’s military records show that he entered active duty on 
7 September 1967.  He served as an infantry unit commander in Vietnam from 16 August 1968 through 8 August 1969 and was released from active duty on 
12 August 1969.

6.  The applicant's DD Form 214 or his DD Form 215 do not show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the "Combat Service Commemorative Medal" or the "United States Army Commemorative Medal" as authorized awards.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

8.  Army Regulation 600-8-22 (Military Awards) does not show the "Combat Service Commemorative Medal" or the "United States Army Commemorative Medal" as authorized awards.  Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.     
  
9.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that the participated in four campaigns during his assignment in Vietnam.

10.  The Board notes that the applicant is eligible for two awards of the Overseas Service Bar for his service in Vietnam which are not shown on his DD Form 214 or DD Form 215. 

11.  Army Regulation 600-8-22 (Military Awards), 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.

12.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.
  
CONCLUSIONS:

1.  The applicant's unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

3.  Based on the applicant's service in Vietnam from 16 August 1968 through 
8 August 1969, he is entitled to two awards of the Overseas Service Bar.  Therefore, his military records should be corrected to show these awards.

4.  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 that the individual concerned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with four bronze service stars and two awards of the Overseas Service Bar.

2.  That so much of the application as pertains to the Cold War Recognition Certificate, the "Combat Service Commemorative Medal" and the "United States Army Commemorative Medal" be denied.

BOARD VOTE:  

TSK___  MHM____  KYF_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084286	
SUFFIX		
RECON		
DATE BOARDED	20030701	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0095	
2.	107.0000	
3.		
4.		
5.		
6.