PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 December 1999  
	DOCKET NUMBER:   AR1999033202

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with one Oak Leaf Cluster, unspecified Vietnam medals, unspecified unit citations and any medals to which he may be entitled.  He also requests that his rank be corrected to show sergeant (E-6) instead of specialist five (E-5).

3.  The applicant states that he received the awards in Vietnam but they were never entered on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he enlisted on 29 May 1968 for a period of 3 years.  He served in Vietnam from 10 April 1969 to 1 December 1970 and was honorably discharged on 2 December 1970. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any awards of the Bronze Star Medal or any unit citations as authorized awards.  The DD Form 214 does show the Vietnam Service Medal and the Vietnam Campaign Medal as authorized awards.  Item 5a (Grade Rate or Rank) shows “SP5” [specialist five].

6.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal or the Bronze Star Medal with one Oak Leaf Cluster.

7.  The applicant served in Vietnam from 10 April 1969 to 1 December 1970 and participated in five campaigns (TET 69 Counteroffensive (23 February 1969 to 
8 June 1969), the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969), the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) and the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1970 to 31 December 1970 by Department of the Army General Orders Number 43, dated 1972.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

10.  The applicant’s personnel records contain orders, dated 31 March 1970, which show he was promoted to specialist five (E-5) effective 23 March 1970.  His DA Form 20 (Enlisted Qualification Record) shows his highest rate attained was specialist five.  The applicant’s separation orders, dated 2 December 1970, show his rank as specialist five (E-5).  There is no evidence in the applicant’s personnel records that he was promoted to sergeant (E-6). 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.  

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to the Bronze Star Medal with one Oak Leaf Cluster, there is no evidence available to the Board which shows he was recommended for or awarded any awards of the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show award of the Bronze Star Medal with First Oak Leaf Cluster. 

2.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Evidence of record also shows he participated in five campaigns during his assignment in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the Vietnam Service Medal with one silver service star.  
3.  The applicant was awarded the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his military records to show these awards.

4.  The Board noted the applicant’s contention that his rank at the time of his separation was sergeant (E-6), not specialist five (E-5).  However, evidence of record shows the highest rate attained by the applicant was E-5 and there is no evidence of record which shows he was promoted to E-6 prior to his discharge on 2 December 1970.  Therefore, the rank is accurately reflected on his DD Form 214.  

5.  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:

	a.  by deleting the entry “VSM” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and 
 
b.  by adding the entries “Vietnam Service Medal with one silver service star”, “Meritorious Unit Commendation” and “Vietnam Cross of Gallantry with Palm Unit Citation” to item 24 of his DD Form 214. 

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

BOARD VOTE:  

RVO____  AAO_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999033202	
SUFFIX		
RECON		
DATE BOARDED	19991222	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701202	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	129.0000	
3.		
4.		
5.		
6.