PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            03 JUNE 2003                  
	DOCKET NUMBER:   AR2002080345

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 record be corrected to show award of the Bronze Star Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  He also requests that his record show that he was laterally promoted to the rank of Sergeant E-5.

3.  The applicant states that he was informed that his rank was changed to Sergeant E-5 and that he was awarded the above mentioned two medals.  He states that he was awarded the Army Commendation Medal; however, that award is not reflected on his DD Form 214 (Report of Transfer).  He states that he understands that the fire in St. Louis destroyed records; however, he also understands that everyone has two sets of records. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 13 June 1966, having been accepted for enlistment in an Army band.  He completed training and was assigned to the 384th Army Band at Fort Eustis, Virginia, where he qualified as a sharpshooter with the M-16 rifle.

5.  In March 1968 he was assigned to Headquarters and Headquarters Company and Band of the 25th Infantry Division Support Command in Vietnam.  He was promoted to Specialist Five E-5 effective on 16 December 1968.  On 14 February 1969 he was awarded the Army Commendation Medal for meritorious achievement for the period 15 December 1968 to 25 January 1969.

6.  The applicant completed his tour of duty in Vietnam and in March 1969 returned to the United States.  He participated in five campaigns during his tour, and the unit to which he was assigned was awarded the Republic of Vietnam Cross of Gallantry Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He was released from active duty on 14 March 1969 at Oakland, California in the rank of Specialist Five.     

7.  The applicant's DD Form 214 does not reflect award of the Bronze Star Medal, nor does it show his rank as Sergeant, vice Specialist Five.  There are no orders in his records indicating award of the Bronze Star Medal, nor is there a recommendation for that award contained in his records.  His records do not show that he was laterally promoted to Sergeant.  

8.  The applicant's DD Form 214 does not show award of the Army Commendation Medal.  It also does not show award of his sharpshooter badge, nor does it show that he participated in five campaigns during his tour in Vietnam. 

9.  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.

10.  Service (campaign) medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for service stars for wear on campaign and service ribbons to denote an additional award, and states that service stars are authorized for wear on the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars. 

CONCLUSIONS:

1.  The applicant's Official Military Personnel File is available.  It was not destroyed in the 1973 fire at St. Louis.  Nonetheless, there is no evidence in his records of an award of the Bronze Star Medal or a recommendation for that award, nor is there any evidence to show that he was laterally promoted to Sergeant.  Consequently, there is insufficient evidence to grant his request for award of the Bronze Star Medal or to correct his DD Form 214 to show his rank as Sergeant.   

2.  The applicant was awarded the Army Commendation Medal.  That award should be reflected on his DD Form 214.  He qualified as a sharpshooter with the M-16 rifle.  The award showing that qualification should also be shown on his   DD Form 214. 

3.  He participated in five campaigns during his tour in Vietnam.  He is entitled to award of the Vietnam Service Medal with one silver service star.  He is also entitled to award of the Republic of Vietnam Cross of Gallantry Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.    

4.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

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 by showing that the individual concerned was awarded the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Cross of Gallantry Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct Medal.   

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

BOARD VOTE:  

__JHL __  ___JLP__  __PMS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080345	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030603	
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.