PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 April 2002
	DOCKET NUMBER:   AR2001066175

	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. Lisa O. Guion		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		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, in six different applications, in effect, that he be provided all awards to which he is entitled that are not listed on his separation document (DD Form 214).

3.  The applicant states, in effect, that while recently attending the 25th Infantry 
Division (ID) birthday bash and reunion in Hawaii, he was informed that the unit had received many awards during its service in the Republic of Vietnam (RVN) to which he may be entitled.  In support of his application, he provides a history of his service in the RVN and a list of the units of the 25th Infantry Division for which he served.  He also indicates that it is his belief that he is entitled to wear the Miltare Willems Orde, Degree of Knight of the Fourth Class based on his service in the 82nd Airborne Division at Fort Bragg, North Carolina.  Finally, the applicant provides the following list of awards that he believes he may be entitled to:  Netherlands Military Order of William; White Warriors Awards; 4 awards of the Presidential Unit Citations (PUC); 11 bronze service stars for his Vietnam Service Medal; and 3 Valorous Unit Awards.

4.  The applicant’s military records show that on 6 June 1967, he enlisted into the United States Army for 3 years.  He completed basic training and advanced individual training (AIT) at Fort Dix, New Jersey, and the basic airborne course at Fort Benning, Georgia.   Upon completion of training he was awarded military occupational specialty 11B (Infantryman) and the additional skill identifier (ASI) 
P (Parachutist). 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the applicant was assigned to the RVN and that he arrived there for duty on 
7 October 1968.  It further shows that he served in the following three units of the 25th Infantry Division, for the periods indicated, during his tenure in the RVN: 
F Company, 50th Infantry Regiment, from 15 October 1968 through 12 June 1969; D Company, 2nd Battalion, 12th Infantry Regiment, from 13 June to 7 July 1969; and E Company, 2nd Battalion, 12th Infantry Regiment, from 8 July to 
4 October 1969.  

6.  On 6 October 1969, the applicant completed his tour in the RVN and was reassigned to the 82nd Airborne Division, Fort Bragg, North Carolina, where he arrived for duty on 14 November 1969 and served until his release from active duty.

7.  On 11 June 1970, the applicant was honorably separated after having completing a total of 3 years of active military service.  The separation document (DD Form 214) issued to and authenticated by the applicant on the date of his separation confirms that he earned the following awards during his active duty tenure:  Bronze Star Medal, Purple Heart, Combat Infantryman Badge, National Defense Service Medal, Air Medal, Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, and the Parachute Badge.

8.  Army Regulation 600-8-22, paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, a bronze service star is authorized with this medal to denote each campaign a member unit participated in while serving in the RVN.  Table B of this regulation confirms that the soldier participated in three campaigns during his assignment tenure in Vietnam.

9.  Army Regulation 670-1, Paragraph 28-6 (b) prescribes the policy for the individual wear of U.S. unit awards.  It states, in pertinent part, that a unit award is given to an operating unit and worn by members of that unit who participated in the cited action. 

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  The numerical listing contained in this publication reveals that only one unit in which the applicant served with in the RVN earned an award during his assignment tenure that was not already included in his record.  This award is the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

CONCLUSIONS:

1.  The Board notes the applicant’s contentions that he should be awarded several awards based on his unit service in the RVN and with the 82nd Airborne Division.  However, it finds insufficient evidence to support this claim.

2.  It appears to the Board that the applicant is under the incorrect impression that he is entitled to wear any awards ever earned by any of the units in which he served.  However, by regulation, in order for an individual to be entitled to receive and wear a unit award, they must have been assigned to the unit and participated in the action for which the award was earned.  Simply having served in the unit during a different period does not satisfy this regulatory criteria.  Therefore, the Board finds no basis for granting this requested relief.

3.  Further, the Board notes that, although the applicant’s record confirms that he was awarded the Vietnam Service Medal, the 3 bronze service stars to which he was entitled based on his campaign participation in the RVN were omitted from his record and not listed in his separation document.  Thus, the Board concludes that his military records should be corrected to show he is entitled to 3 bronze service stars with his Vietnam Service Medal.  

4.  In addition, during the review of this case the Board discovered that one of the applicant’s units in the RVN earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, the Board concludes this award should be added to his record at this time.

5.  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 concerned earned 3 bronze service stars for his Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__WTM__  __CLG__  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001066175	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/02	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.