PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           11 September 2003                   
	DOCKET NUMBER:   AR2003088647

	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 Bronze Star Medal (BSM) with Valor “V” Device be added to the list of awards contained in his 10 September 1968 separation document (DD Form 214).   

3.  The applicant states, in effect, that he was provided a BSM with “V” Device two years ago, but this award was never added to his DD Form 214.   

4.  The applicant’s military records show that he was appointed a second lieutenant in the United States Army Reserve on 13 June 1965 and that he entered active duty on 23 June 1965.  

5.  The applicant’s Officer Qualification Record (DA Form 66) shows that he served in the Republic of Vietnam (RVN) from 1 May 1967 until 8 February 1968. The record further shows that during his tour in the RVN, he served as a platoon leader and company commander in the 5th Cavalry Regiment, 1st Cavalry Division, and that he was wounded in action on 31 December 1967, which resulted in his being medically evacuated to Camp Zama, Japan on 8 February 1968.   

6.  Item 21 (Awards and Decorations) of the applicant’s DA Form 66 lists the following awards he earned during his tenure on active duty:  Ranger Tab; Parachutist Badge; National Defense Service Medal (NDSM); Combat Infantryman Badge (CIB); Vietnam Service Medal (VSM); Air Medal (AM); Republic of Vietnam Campaign Medal (RVNCM); Purple Heart (PH); and 
1 Overseas Bar .  

7.  On 10 September 1968, the applicant was released from active duty (REFRAD) for the purpose of disability retirement.  At the time of his separation, he held the rank of captain and he had completed 3 years, 2 months, and 
18 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 the applicant on the date of his REFRAD listed the following awards he earned during his active duty tenure:  PH; Ranger Tab; Parachutist Badge; NDSM; VSM; CIB; AM; RVNCM; and 1 Overseas Bar.  

8.  The applicant’s Military Personnel Records Jacket (MPRJ) contained a copy of General Orders Number 4628, dated 14 April 1969, issued by Headquarters, 
1st Cavalry Division (Airmobile), which awarded the applicant the BSM, for meritorious service for the period May through September 1967.  These orders did not indicate that this award was for heroism or that it carried with it an authorization for the “V” Device.  There are also no other award orders or other documents on file in the MPRJ that indicate that the applicant was ever recommended for or awarded the BSM with “V” Device while serving in the RVN. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  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 three campaigns:  Vietnam Counteroffensive Phase II; Vietnam Counteroffensive Phase III; and TET Counteroffensive 1968.  

10.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the BSM.  It states, in effect, that the BSM may be authorized to those members who while serving in any capacity in or with the Army of the United States, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

11.  Paragraph 6-5 of the awards regulation contains guidance on the “V” Device. It states, in pertinent part, that the "V" is worn to denote participation in acts of heroism involving conflict with an armed enemy, and is worn with the BSM to denote an award made for heroism (valor).  

12.  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 (5th Cavalry Regiment) earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the BSM with “V” Device should be added to the list of awards contained in his DD Form 214.  However, although the record confirms he was awarded the BSM for meritorious service, it contains no evidence to indicate that he received the “V” Device with this award or with any other award he received during his tenure on active duty.  Thus, while the Board finds it would be appropriate to add the BSM to his record at this time, it finds no evidentiary basis to include the “V” Device with this award.  

2.  During its review of this case, the Board also discovered that based on his service and campaign participation in the RVN, the applicant is entitled to 
3 bronze service stars with his VSM and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it concludes 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:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant received the Bronze Star Medal; that he is entitled to 3 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.  

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

BOARD VOTE:  

__JM__  __SK__  __CP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ____  GRANT FORMAL HEARING

________  ________  ____  DENY APPLICATION

		
		Stanley Kelley
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003088647	
SUFFIX		
RECON		
DATE BOARDED	2003/09/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/09/10	
DISCHARGE AUTHORITY	10 USC 1201 	
DISCHARGE REASON	Disability Retirement 	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  Awds	107.0000	
2.		
3.		
4.		
5.		
6.