PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 June 2003
	DOCKET NUMBER:   AR2003086594

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones, II		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, in effect, that the Bronze Star Medal with "V" Device be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. 

3.  The applicant states, in effect, that he was awarded the Bronze Star Medal with "V" Device in Vietnam on 14 November 1970 while he was assigned to MACV (United States Military Assistance Command, Vietnam).

4.  The applicant provided a copy of his DD Form 214 with a separation date of 16 March 1972, a copy of a DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of General Orders 246, paragraph 1, published by the United States Military Assistance Command, Vietnam, dated 12 January 1971, which award him the Bronze Star Medal with "V" Device, in support of his application.

5.  The applicant’s military records show that he enlisted in the Regular Army on 29 August 1969.  He completed basic combat training at Fort Gordon, Georgia, and advanced individual training at Fort McClellan, Alabama.  Upon completion of all required training, he was awarded the military occupational specialty, 11B (Light Weapons Infantryman).

6.  He was assigned to the Republic of Vietnam and arrived there on 28 January 1970.  He was assigned to MACV, Advisory Team #19.

7.  Orders awarding the applicant the Bronze Star Medal with "V" Device were on file in the applicant's service personnel records, but there is no entry in Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Bronze Star Medal with "V" Device was awarded him.

8.  The applicant was discharged from the Army, under honorable conditions, on 18 April 1972, under the provisions of Army Regulation 635-212, in the rank and pay grade of Private First Class, E-3, with 1 year, 11 months, and 15 days active Federal military service.  The date of discharge was corrected by the DD Form 215 which was issued the applicant on 30 May 1973.

9.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the following during his service:  the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.  The Bronze Star Medal with "V" Device is not shown among his authorized awards.

10.  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.  While in the Republic of Vietnam, the applicant participated in the following three campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

11.  According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour of duty in Vietnam, The US Military Assistance Command, Vietnam, was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 thorough 30 June 1970 by Department of the Army General Orders Number 51, dated 1971 and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.  The applicant is entitled to these awards because he was assigned to the unit at the time the unit was cited for the awards.  These awards should therefore be shown on his DD Form 214.

12.  Army Regulation 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each six month period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone. 

CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 14 November 1970.  This award is not shown on his DD Form 214.  It would be appropriate to add this award to his DD Form 214 at this time.

2.  The applicant served in a unit during his tour of duty in Vietnam that was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is therefore entitled to have these unit awards added to his DD Form 214.

3.  The applicant participated in three campaigns while he was in the Republic of Vietnam.  He was awarded the Vietnam Service Medal.  He is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant served in the Republic of Vietnam for the period from 28 January 1970 through 27 February 1971.  He is therefore eligible for award of two overseas service bars and to have these added to his DD Form 214.

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

RECOMMENDATION:

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

	a.  adding the already-awarded Bronze Star Medal with "V" Device to the applicant's DD Form 214; and 

b.  awarding the applicant the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and two overseas service bars, and adding these awards to his DD Form 214.

BOARD VOTE:  

__mkp___  __reb___  __fcj___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086594	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0014	
3.		
4.		
5.		
6.