PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 September 2003                   
	DOCKET NUMBER:    AR2003088570

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 Silver Star (SS) he was awarded be added to his separation document (DD Form 214).   

3.  The applicant states, in effect, that his DD Form 214 does not show that he earned the SS.  He states that he was issued the SS on 30 April 1969 and he requests that this award be added to his separation document.   

4.  The applicant’s military records show that he was inducted into the Army of the United States on 10 March 1967 and entered active duty on 21 September 1967.  He was trained and served in military occupational specialty (MOS) 12B (Combat Engineer) and the highest rank he attained while serving on active duty was specialist five (SP5).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) and served with the 4th Engineer Battalion, 4th Infantry Division, from 28 June 1968 through 22 March 1969.  The record further shows that the applicant was wounded in action on 6 March 1969, and was awarded the Purple Heart.  It also shows that as a result of this wound, he was medically evacuated from the RVN on 23 March 1969.  

6.  On 25 July 1969, the applicant was honorably released from active duty (REFRAD), by reason of expiration of term of service (ETS) after completing 
2 years, 2 months, and 7 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him upon his separation listed the following awards:  National Defense Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Purple Heart; Vietnam Service Medal; Expert Marksmanship Qualification Badge with Rifle Bar; and 1 Overseas Bar.  

7.  The applicant provides a copy of a SS Certificate that indicates he was awarded the SS for gallantry in action in the RVN on 5 and 6 March 1969.  In connection with the processing of this case, a member of the Board staff contacted officials of the Total Army Personnel Command (PERSCOM) Awards Branch and requested that a review of the SS award orders file be conducted to determine if orders awarding the applicant the SS had ever been published.  This search produced a copy of General Orders Number 1313, dated 23 April 1969, which awarded the applicant the SS for gallantry in action while engaged in military operations against an armed hostile force in the RVN on 5 and 6 March 1969.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.  Appendix B confirms that based on the tenure of his assignment in the RVN, the applicant was credited with participation in the following four campaigns:  Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI, and 
TET 69 Counteroffensive. 

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (4th Engineer Battalion) earned the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the SS he earned was omitted from his separation document in error, and it finds this claim has merit.  The evidence of record confirms that the applicant was awarded the SS for gallantry in action in the RVN on 5 and 6 March 1969.  Thus, the Board concludes that it would be appropriate to add this award to his record at this time.  

2.  During its review of this case, the Board also discovered that based on his campaign participation in the RVN, the applicant is entitled to four bronze service stars with his Vietnam Service Medal.  Further, based on his unit service in the RVN, he is entitled to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  As a result, the Board finds that these awards should also be added to his record at this time. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Silver Star Medal; that based on his campaign participation and service in the RVN, he is entitled to 
4 bronze service stars with his Vietnam Service Medal, and the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

__JM__  __SK__  __CP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003088570	
SUFFIX		
RECON		
DATE BOARDED	2003/09/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/07/25	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  Awds	107.0000	
2.		
3.		
4.		
5.		
6.