PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              31 January 2002                           
	DOCKET NUMBER:     AR2001064681   

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Regan K. Smith		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Action Ribbon and the Army Commendation Medal for valor (correctly known as the Army Commendation Medal with “V” Device).

3.  The applicant states that these awards were omitted from his DD Form 214.  In support of his application, he submits orders and an award certificate for the Army Commendation Medal with “V” Device.

4.  The applicant’s military records show that he was inducted in the Army on 9 September 1966.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Operator).  He served in Vietnam from 29 November 1967 through 1 September 1968 and was honorably released from active duty on 5 September 1968.

5.  The applicant’s DD Form 214 does not show the Combat Action Ribbon or the Army Commendation Medal with “V” Device as authorized awards.

6.  There are no orders in the applicant’s service personnel records which show he was awarded the Combat Action Ribbon.  There is also no evidence available to the Board which shows he served in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

7.  The applicant provided a copy of 1st Signal Brigade General Orders Number 843, dated 12 October 1968, which awarded him the Army Commendation Medal with “V” Device for actions on 12 August 1968.

8.  His personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 3 December 1968, which shows he was issued an award of the Army Commendation Medal with “V” Device.  However, there is no evidence that the applicant’s discharge document was ever amended to show this award.

9.  The Board noted that the applicant is entitled to the Meritorious Unit Commendation, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.

10.  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, Company B, 41st Signal Battalion, 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.
11.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Counteroffensive, Phase III Campaign.  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive, Phase IV Campaign and the Vietnam Counteroffensive, Phase V Campaign during his tour in Vietnam.

12.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

13.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).

14.  Army Regulation 600-8-22, in pertinent part, 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.

CONCLUSIONS:

1.  The authority for award of the Combat Action Ribbon states that it is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy.  There is no evidence that the applicant was awarded the Combat Action Ribbon by the Department of the Navy; therefore, there is no basis for amending his discharge document to show award of the Combat Action Ribbon.

2.  Orders show the applicant was awarded the Army Commendation Medal with “V” Device.  Therefore, his DD Form 214 will be amended to show this award.

3.  While the applicant was assigned to Company B, 41st Signal Battalion, the unit was cited for award of the Meritorious Unit Commendation.  Therefore, he is entitled to award of the Meritorious Unit Commendation and correction of his records to show this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  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 Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

	b.  by showing he was awarded the Army Commendation Medal with “V” Device, the Meritorious Unit Commendation, the Vietnam Service Medal with four bronze service stars, 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:  

RVO____  RKS____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064681	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020131	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0030	
2.	107.0020	
3.	107.0073	
4.	107.0074	
5.	107.0034	
6.