PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 December 2002
	DOCKET NUMBER:   AR2002075347

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Powers		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, that his report of separation (DD Form 214) dated 31 August 1972, be corrected to reflect in block 22c, the correct amount of time he served in Vietnam and that his awards for service in the European Theater of Operations (ETO) be included on that form as well. 

3.  The applicant states, in effect, that his DD Form 214 shows in block 30 (Remarks), the correct periods he served in Vietnam; however, the amount of time in block 22c is incorrect.  He further states that his DD Form 214 does not reflect the awards he received for service in the ETO. 

4.  The applicant’s military records show that he was inducted on 1 March 1946 and was honorably discharged on the same day for the purpose of enlisting in the Regular Army.  He enlisted in the Regular Army on 2 March 1946 for a period of 1½  years.  He served in Germany from July to December 1946, when he was returned to Fort Benning, Georgia.  He was honorably discharged on 2 September 1947, due to the expiration of his term of service.  He again enlisted at Fort Meade, Maryland on 17 November 1952 and remained on active duty through a series of continuous reenlistments.

5.  His records show that he served in Vietnam from 2 October 1967 through 5 December 1969 and that he was assigned to the United States Military Assistance Command – Vietnam (MACV).  He was honorably discharged on 21 April 1970, for the purpose of immediate reenlistment.  His DD Form 214 issued at that time was properly prepared to reflect the overseas service served during the period covered by that document and reflected his service in Vietnam. 

6.  He returned to Vietnam on 13 February 1971 and served with the United States Army Engineer Command until his departure on 4 January 1972. 

7.  He was honorably released from active duty in the pay grade of E-6 on 31 August 1972 and was transferred to the Retired List effective 1 September 1972.  His DD Form 214 shows in block 22c, that he served 11 months and 22 days of foreign and/or sea service in Vietnam during the period covered by the DD Form 214.  It also indicates that he was awarded the Bronze Star Medal, the Army Commendation Medal (2nd Oak Leaf Cluster, the Good Conduct Medal (5th Award), the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal with two silver service stars.

8.  A review of his records also shows that he was awarded the World War II (WWII) Victory Medal, the Army Occupation Medal (AOM) (Germany) and the National Defense Service Medal (NDSM); however, they were not included on his DD Form 214 at the time of separation.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm).  

10.  Army Regulation 635-5 serves as the authority for preparation of the DD Form 214.  It provides, in pertinent part, that only foreign and/or sea service that is performed during the period covered by the DD Form 214 will be included in block 22c.

CONCLUSIONS:

1.  The applicant’s service in Vietnam is properly reflected on his final DD Form 214 dated 31 August 1972, as is his service on his DD Form 214 dated 21 April 1970, which reflects his first tour in Vietnam.  Accordingly, there is no basis to change that data.

2.  However, it does appear than an administrative error resulted in his awards of the AOM (Germany), the WWII Victory Medal and the NDSM being omitted from his DD Form 214 at the time of his retirement.  Accordingly, it would be in the interest of justice to do so at this time.

3.  Additionally, the applicant was entitled to receive awards of the MUC and the RVNGC w/Palm Unit Citation.  Therefore, it would also be appropriate to award him those awards at this time.

4.  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 was awarded the AOM (Germany), the WWII Victory Medal and the NDSM, and that he be awarded the MUC and RVNGC w/Palm Unit Citation.

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

BOARD VOTE:  

___ls____  ___wdp _  ___be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002075347	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  140	107.0094/VNGC	
3.  80	107.0034/MUC	
4.		
5.		
6.