PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 November 2002
	DOCKET NUMBER:   AR2002076717

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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 this military records be corrected to show that he was awarded the Bronze Star Medal (BSM) with Valor (“V”) Device and the Air Medal (AM); in addition to any other awards to which he is entitled based on his service in the Republic of Vietnam (RVN).

3.  The applicant states, in effect, that that his separation document (DD Form 214) does not show that he was awarded the BSM with “V” Device or the AM, and other awards he was entitled to based on his service in the RVN.  In support of his application, he submits a copy of his DD Form 214 and a BSM with “V” Device award certificate. 

4.  The applicant’s military records show that on 25 June 1968, he entered the Army for 2 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).  He continuously served on active duty for 1 year, 11 months, and 24 days, until being honorably separated on 18 June 1970. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist five/E-5 
(SP5).  It also confirms that he served in the RVN from 12 April 1969 to 
19 August 1969, and that he was assigned to Company A, 3rd Battalion, 
39th Infantry Regiment, 9th Infantry Division.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of Special Orders Number 129, dated 9 May 1969, issued by Headquarters, 
9th Infantry Division, RVN, which authorized the award of the Combat Infantryman Badge (CIB) to the applicant.  In addition, the MPRJ contains copies of the following General Orders (GO) issued by Headquarters, 9th Infantry Division, RVN, on the dates indicated authoring the awards shown:  8981, dated 7 July 1969, awarding the BSM with “V” Device; and 10397, dated 17 July 1969, awarding the AM.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

8.  Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that during the applicant‘s tenure of assignment in the RVN, he was credited with participating in two campaigns.  The TET 69 Counteroffensive Campaign, which covered the period 23 February through 8 June 1969, and the Vietnam Summer-Fall 1969 Campaign, which covered the period 9 June through 31 October 1969.   

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his DD Form 214 does not reflect award of the BSM with “V” Device and the AM, and it  finds this claim has merit.  

2.  The evidence of record confirms that orders were published awarding the applicant the CIB, BSM with “V” Device, and the AM.  Thus, the Board concludes that it would be appropriate to add these awards to his separation document at this time. 

3.  In addition, the record verifies that based on his campaign participation and unit service in the RVN, the applicant is entitled to two bronze service stars with his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board also finds that it would be appropriate to correct his record to show his entitlement to these awards.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal with “V” Device, Air Medal, and Combat Infantryman Badge; by showing he is entitled to two bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__MHM__  __ENA __  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer__
		      CHAIRPERSON

INDEX

CASE ID	AR2002076717	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/05	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	107.0000	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.