PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 March 2000
	DOCKET NUMBER:   AR1999030396

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 that his report of separation (DD Form 214) be corrected to reflect the correct amount of foreign service he performed and the fact that he was awarded the Army Commendation Medal (ARCOM) 2d oak leaf cluster (2OLC).

3.  The applicant states, in effect, that his DD Form 214 incorrectly reflects that he served 8 months and 23 days of foreign service when in fact he served 1 year, 8 months and 23 days of foreign service.  He also states that he received three awards of the ARCOM; however, his DD Form 214 only reflects one award. 

4.  The applicant’s military records show that he enlisted in Syracuse, New York on 28 June 1968 for a period of 3 years and training as a vehicle mechanic.  He successfully completed his training and was transferred to Vietnam on 8 May 1969.  He was assigned to Detachment C, 27th Maintenance Battalion, 1st Cavalry Division and was promoted to the pay grade of E-4 on 11 February 1970.

5.  On 22 July 1970 his request to extend his tour in Vietnam to 31 January 1971 under the 30 day special leave program was approved.  He remained in Vietnam until he was returned to Oakland, California on 31 January 1971 and was honorably released from active duty under the early overseas returnee program.  He had served 2 years, 7 months, and 1 day of total active service of which 1 year, 8 months, and 23 days had been served in Vietnam.  However, at the time of separation his DD Form 214 reflects that that he only served 8 months and 23 days of foreign service.

6.  His DD Form 214 also indicates that he was awarded the ARCOM, the National Defense Service Medal, the Air Medal, and the Good Conduct Medal.  However, his records show that he was in fact awarded the ARCOM 2OLC (third award of the ARCOM) by General Order Number 20740, Hqs, 1st Cavalry Division, 29 November 1970. 

7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

8.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 11, published in 1973, authorized the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) for service in Vietnam during the period May 1969 to February 1970. 

9.  The pamphlet also shows that the applicant’s unit, the 27th Maintenance Battalion, earned the Valorous Unit Award (VUA) for service in Vietnam between 1 May and 29 June 1970. This award was authorized in DAGO 42, which was published in 1972.  His unit also earned the Meritorious Unit Commendation (MUC) for the period of 1 June 1968 to 30 November 1969 and was published in DAGO 2 published in 1971.  The unit was also awarded the Republic of Vietnam Civil Action Medal – First Class (RVNCAM-FC) for service in Vietnam during the period 1 January 1969 to 1 February 1970 and was announced in DAGO 48 published in 1972. 

CONCLUSIONS:

1.  The applicant’s records clearly show that he served in Vietnam for a period of 1 year, 8 months, and 23 days and that he was awarded the ARCOM 2d OLC.  However, it appears that an administrative error resulted in the incorrect entries being made on his DD Form 214.  Therefore, it would be appropriate to correct these error at this time.

2.  The Board also determined that the applicant is entitled to be awarded the RVNGC w/palm, the VUA, the RVNCAM-FC, and the MUC for his Vietnam service, with the 27th Maintenance Battalion during the period of 11 May 1969 to 31 January 1971.  Although some of these awards were authorized in DAGO’s published subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards 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 individual served 1 year, 8 months, and 23 days of foreign service and that he was awarded the ARCOM 2dOLC.

2.  That the individual be awarded the RVNGC w/palm, the VUA, the MUC, and the RVNCAM-FC in addition to those awards he has already received and that his records be corrected accordingly.

BOARD VOTE:  

__mkp __  ___rvo___  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor Jr__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030396	
SUFFIX		
RECON		
DATE BOARDED	2000/03/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189 	110.0000/CORR 214	
2.  66 	107.0020/ARCOM 2OLC	
3.  79 	107.0033/VUA	
4.  80 	107.0034/MUC	
5.  141 	107.0095/RVNCAM-FC	
6.  140 	107.0094/RVNGCW/PALM