PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2002
	DOCKET NUMBER:   AR2002076902

	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. Raymond V. O’Connor, Jr. | | Chairperson
| Mr. Thomas B. Redfern, III | | Member
| Mr. Donald P. Hupman, Jr. | | 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 military records be corrected to show award of the Bronze Star Medal (BSM). 

3.  The applicant states, in effect, that his separation document (DD Form 214) does not show the BSM he received as an authorized award.  In support of his application, he submits a copy of the BSM certificate and citation.

4.  The applicant’s military records show that on 21 October 1968, he entered the Army for 2 years.  He was trained in and awarded military occupational specialty (MOS) 11D (Armor Personnel Carrier Driver), and he continuously served on active duty for 1 year, 7 months, and 6 days until being honorably separated on 26 May 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 four/E-4 (SP4/E-4).  It also confirms that he served in the Republic of Vietnam (RVN) from 10 May 1969 to 24 May 1970, and that he was assigned to Headquarters and Headquarters Company, 2^nd Battalion, 22^nd Infantry, 25^th Infantry Division.  It also shows that he earned the following awards during his active duty tenure:  Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information or any indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the active duty unit commanders for which he served.

7.  The DD Form 214 issued to the applicant on the date of his separation, 
26 May 1970, does not include the BSM in the list of authorized awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  

8.  The BSM certificate and citation newspaper provided by the applicant shows that he was awarded the BSM for meritorious achievement in ground operation  against hostile forces in the RVN for the period May 1969 to May 1970.  

9.  In the processing of this case, the historical files of Headquarters and Headquarters Company, 2^nd Battalion, 22^nd Infantry, 25^th Infantry Division maintained at the National Archives, College Park, Maryland were reviewed.  This search produced a copy of General Orders Number 3313, dated 28 March 1970, issued by Headquarters, 25^th Infantry Division, which awarded the applicant the BSM for meritorious achievement in ground operation against hostile forces in the RVN from May 1969 to May 1970

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that the applicant is entitled to credit for participating in the following four campaigns during his tenure in the RVN:  Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; Vietnam Winter-Spring1970; and DA Sanctuary Counteroffensive. 

11.  Chapter 4 contains guidance on awarding the Army Good Conduct Medal (AGCM) and it states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is defined as a 3 year period of continuous enlisted active Federal military service.  However, for first award only, a period of 1 or more years of active service is a qualifying period upon the termination of active Federal service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified. 

12.  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 the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment tenure in the RVN. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his DD Form 214 does not include the BSM in the authorized awards listed in the document, and it finds this claim has merit.  The evidence of record confirms that the applicant received the BSM for meritorious achievement in ground operation against hostile forces in the RVN for the period May 1969 to May 1970.  Thus, the Board concludes it would be appropriate to add this award to his record at this time.

2.  Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. 

3.  In addition, the Board finds that the applicant’s service in the RVN and his participation in four campaigns entitles him to 4 bronze service stars with his Vietnam Service Medal, and to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the Board finds that it would also be appropriate to add these awards to his records at this time.

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 by showing he was awarded the Bronze Star Medal; awarding him the first award of the Army Good Conduct Medal for his honorable period of active duty service from 21 October 1968 through 26 May 1970; showing he is entitled to the four 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:  

__RVO__  __TBR  _  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.  _
		          CHAIRPERSON

INDEX

CASE ID | AR2002076902
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/11/07
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.0014
2. |
3. |
4. |
5. |
6. |