PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 DECEMBER 2002  
	DOCKET NUMBER:   AR2002077288

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 reflect award of the Bronze Star Medal.  The applicant states that he was awarded the Bronze Star Medal but it is not reflected on his separation document.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 22 July 1968.  While undergoing training he qualified as an expert on the "Infantry Mortar Proficiency Test Course" and as a sharpshooter with the 45-caliber pistol.  He was awarded the associated qualification badges and component bars.  However, the badges were omitted from his separation document.

4.  The applicant served in Vietnam as an "ammo bearer" between May 1969 and April 1970.  While in Vietnam he was assigned to the 4th Battalion, 3rd Infantry of the 11th Infantry Brigade.  While in Vietnam he was wounded as a result of hostile action and awarded the Purple Heart.  He was also awarded the Combat Infantryman Badge and was promoted to pay grade E-5.  He received excellent conduct and efficiency ratings throughout his military service.

5.  On 16 April 1970 the applicant was released from active duty with an honorable characterization of service.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The applicant's records contain no evidence which confirms he was awarded the Bronze Star Medal.

7.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal and no evidence of any misconduct or disciplinary actions.

8.  A review of Department of the Army Pamphlet 672-3 notes that the applicant is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service Medal denoting participation in three designated campaign periods (TET 69 Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970) while in Vietnam.  The foreign unit awards and the bronze service stars were omitted from his separation document.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms he was awarded the Bronze Star Medal.  As such, there is no basis to correct his records to reflect that decoration.

2.  The Board does note that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 16 April 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 22 July 1968 through 16 April 1970.

3.  The Board also notes that the applicant qualified as an expert on the "Infantry Mortar Proficiency Test Course" and as a sharpshooter with the 45-caliber pistol. He was awarded the associated badges and component bars and his records should be corrected accordingly.

4.  Additionally, the evidence confirms the applicant is entitled to two Republic of Vietnam Gallantry Cross Unit Citations with Palm and three bronze service stars on his Vietnam Service Medal.  Those elements should also be added to his records.

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:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 22 July 1968 through 16 April 1970;

b.  by showing that he qualified as an expert on the "Infantry Mortar Proficiency Test Course" and as a sharpshooter with the 45-caliber pistol and was awarded the associated badges and component bars; and

c.  by showing that he is entitled to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__RWA__  __KYF __  __BPI ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__        __  ________  ________  DENY APPLICATION

		____ Roger W. Able_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002077288	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021212	
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.	107.00	
2.		
3.		
4.		
5.		
6.