PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 February 2002                    
	DOCKET NUMBER:   AR2001065087

	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:

	Ms. Joann Langston 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 military records to show award of the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

3.  The applicant states that he went to his Military reunion and was informed that he was entitled to these awards.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); U.S. Army Vietnam General Orders for award of the Valorous Unit Award; and an e-mail, dated 
26 March 2000, pertaining to unit awards.

4.  The applicant’s military records show that he was inducted on 20 March 1968. He served as a maintenance data specialist assigned to Company A, 299th Engineer Battalion (Combat) in Vietnam from 27 April 1969 through 31 March 1970 and was honorably released on 4 April 1970.  The Board notes that the applicant was separated from the service on temporary records and the soldier’s affidavit.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 shows one entry, “NDSM” [National Defense Service Medal].

6.  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 A, 299th Engineer Battalion (Combat), was cited for award of the Valorous Unit Award for actions during the period 9 May 1969 to 1 July 1969 by Department of the Army General Orders Number 43, dated 1970.  

7.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit, Company A, 299th Engineer Battalion (Combat), was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  

8.  Department of the Army Pamphlet 672-3 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.

9.  The applicant’s DD Form 214 does not show the Vietnam Service Medal as an authorized award.  However, his military records show that he served in Vietnam from 27 April 1969 through 31 March 1970 and participated in three campaigns (Tet 69 Counteroffensive, 1969, 23 February 1969 to 8 June 1969; Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969; and Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970).

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  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.
    
12.  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.

13.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea 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 Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one oversea service bar is authorized for each period of 6 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 whole months for credit toward the oversea service bar.

CONCLUSIONS:

1.  The applicant’s unit, Company A, 299th Engineer Battalion (Combat), was cited for award of the Valorous Unit Award while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit award.

2.  The applicant’s unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, he is not entitled to correction of his military records to show this unit award.  

3.  The applicant’s unit was cited for award of 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 this unit award.

4.  In accordance with the governing regulations, the applicant is entitled to award of the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal and two Oversea Service Bars for his service in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 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 by showing that the individual concerned was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal and two Oversea Service Bars.

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

BOARD VOTE:  

JL_____  RJW____  RTD_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Joann Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001065087	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0033	
2.	107.0095	
3.	107.0094	
4.	107.0073	
5.		
6.