PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 June 2000      
	DOCKET NUMBER:   AR1999033849

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 correction of item 30 (Remarks) on his DD Form 214 (Report of Transfer or Discharge) with an effective date of 31 January 1971 to show the inclusive dates of service of his second tour in Vietnam.  He also requests correction of his DD Form 214 to show all awards and decorations for his service in Vietnam. 

3.  The applicant states that his retirement DD Form 214 is incomplete because it does not show the inclusive dates of service of his last tour in Vietnam.  He contends that this tour ended in 1971.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 31 January 1971.

4.  The applicant’s military records show that he completed over 20 years of active duty on 31 January 1971 when he retired as a Chief Warrant Officer Two.

5.  Item 30 (Remarks) on the applicant’s retirement DD Form 214, in pertinent part, shows “Vietnam Service:  1 JUN 67 – 27 MAY 1968; 12 SEP 69”.  The DD Form 214 shows the Vietnam Service Medal as an authorized award.

6.  Item 17 (Foreign Service) of the applicant’s DA Form 66 (Officer Qualification Record) shows the applicant served his first tour in Vietnam from 1 June 1967 through 27 May 1968 (12 months) and served his second tour in Vietnam from 12 September 1969 through 9 September 1970 (12 months).   

7.  Records also show the applicant participated in three campaigns (Vietnam Counteroffensive, Phase III, 1 June 1967 through 29 January 1968; Tet Counteroffensive, 30 January 1967 through 1 April 1968; and Vietnam Counteroffensive, Phase IV, 2 April 1968 through 30 June 1968) during his first assignment in Vietnam.  He participated in four campaigns (Vietnam Summer – Fall 1969, 9 June 1969 through 31 October 1969; Vietnam Winter – Spring 1970,
1 November 1969 through 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 through 30 June 1970; and Vietnam Counteroffensive Phase VII, 1 July 1970 through 30 June 1971) during his second assignment in Vietnam.

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 October 1967 to 31 August 1968 by Department of the Army General Orders Number 42, dated 1969.  This award is not shown on his retirement discharge document.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This award is not shown on his retirement discharge document.

10.  Headquarters, Third United States Army General Orders Number 50, dated 2 February 1971, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster).  This award is not shown on his retirement discharge document.  

11.  The regulation in effect at the time required that service on or after
5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

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.  This regulation 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.  A silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the Overseas Service Bar.

CONCLUSIONS:

1.  Although the applicant contends that his last tour in Vietnam ended in 1971, evidence of record shows that he served in Vietnam from 12 September 1969 through 9 September 1970 during his second assignment in Vietnam. 

2.  The applicant’s dates of service of his second tour in Vietnam are not complete in item 30 (Remarks) on his DD Form 214 with an effective date of
31 January 1971.  Therefore, in accordance with the governing regulation,  it would be appropriate to correct item 30 to show the applicant’s inclusive dates of service in Vietnam.    

3.  Based on the applicant’s service in Vietnam as stated above, he is entitled to correction of his military records to show award of the Vietnam Service Medal with one silver service star and two bronze service stars, the Vietnam Campaign Medal and four awards of the Overseas Service Bar.   

4.  The applicant’s unit was cited for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it; therefore, he is entitled to correction of his military records to show these awards.

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 “Vietnam Service:  1 JUN 67 - 27 MAY 1968; 
12 SEP 69” in item 30 (Remarks) on the DD Form 214 with an effective date of 31 January 1971 of the individual concerned; and

	b.  by adding the entry “Vietnam Service:  1 JUN 67 – 27 MAY 68; 12 SEP 69 - 9 SEP 70” in item 30 of the DD Form 214; and

	c.  by showing the individual concerned was awarded the Vietnam Service Medal with one silver service star and two bronze service stars, the Vietnam Campaign Medal, the Overseas Service Bar (4), the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

OWT____  KAN____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Orville W. Troesch, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999033849	
SUFFIX		
RECON		
DATE BOARDED	20000615	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710131	
DISCHARGE AUTHORITY	Title 10 US Code Section 1293  	
DISCHARGE REASON	Overt 20 years active Federal service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.	107.0034	
3.	107.0079	
4.	107.0094	
5.	113.0000	
6.