PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          16 January 2003
	DOCKET NUMBER:  AR2002077649

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup		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 that his records be corrected to show entitlement to all of his medals and honors, especially his Bronze Star Medal for Valor (BSM (V)) and Gallantry Cross (sic).  Additionally, he wants his last 6 months pay.

3.  The applicant states that he had his member of Congress contact Army finance many times and has also written the President concerning his pay.  The response was that the statue of limitations had expired.  His BSM (V) is documented on a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 December 1994 and will not be further discussed.

4.  The applicant’s military records show that the applicant enlisted in the Army on 19 April 1968.  He completed his required training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).

5.  During the period 2 November 1968 through 1 November 1969, he served in three transportation units in Vietnam in his primary MOS.

6.  On 27 June 1970, he received an undesirable discharge under Army Regulation 635-200, based on his unfitness.  His separation document indicates he had 1 year, 10 months and 13 days of creditable service and 116 days of lost time.  He was entitled to award of the BSM (V), the National Defense Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Vietnam Campaign Medal with 1960 Device, and the Vietnam Service Medal with 1 bronze service star.

7.  On 15 June 1976, the Army Discharge Review Board found his discharge to be proper, but not equitable and directed the characterization of his service to be upgraded to under honorable conditions and a General Discharge Certificate issued.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units, which served in the Vietnam War.  This document shows a unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation (MUC) for actions during the period 1 July 1968 to 31 March 1969 by Department of the Army General Orders (DAGO) Number 36, dated 1970.  An additional unit to which the applicant was assigned was also cited for the MUC for actions during the period 1 October 1969 to 31 May 1970 by DAGO Number 50, dated 1971.

CONCLUSIONS:

1.  There is neither evidence of record nor evidence provided by the applicant that supports his request for 6 months pay.

2.  Award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm is a matter of record and documented on the applicant’s DD Form 214, dated 27 June 1970.

3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) documents two units to which the applicant was assigned were cited for award of the MUC for actions during the period 1 July 1968 to 31 March 1969 and 1 October 1969 to 31 May 1970 authorized by DAGO Numbers 36, dated 1970 and 50, dated 1971, respectively.

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 the individual concerned is entitled to the MUC for actions during the period 1 July 1968 to 31 March 1969 and 1 October 1969 to 31 May 1970 as authorized by DAGO Numbers 36, dated 1970, and 50, dated 1971, respectively.

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

BOARD VOTE:  

_RVO___  _AAO____ _MJT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077649	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030116	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700627	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.	128	
3.		
4.		
5.		
6.