PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2001
         DOCKET NUMBER: AR2001056485


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Allen L. Raub		Member
Mr. Thomas E. O'Shaughnessy, 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.

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2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Commendation Medal and an additional bronze service (campaign) star for wear on the Vietnam Service Medal.

3. The applicant, in essence, states that his unit was part of “Lam Son 719”, when the Vietnamese went into Laos and that his unit received the above awards based on their involvement in that operation. He also, points out that he was awarded the Army Commendation Medal. He submits a copy of his DD Form 214 (Report of Separation from Active Duty).

4. The applicant’s military records show that on 14 January 1970, he enlisted in the Regular Army for a period of 3 years. He completed his basic training at Fort Knox, Kentucky. He was then transferred to Fort Ord, California for advanced training in military occupational specialty (MOS) 36K20 (Wireman). On 23 June 1970, he was further transferred to the RVN and assigned to Headquarters & Headquarters Battery, 5^th Battalion, 4^th Artillery, 1^st Brigade, 5^th Infantry Division for duty.

5. On 9 July 1971, he returned to the continental United States where he served in his MOS, until being processed for early release from active duty.

6. On 17 February 1972, he was honorably separated and transferred to the United States Army Reserve Control Group (Standby Reserve). He was credited with a total of 2 years, 1 month and 2 days of active service. The highest pay grade he attained was pay grade (E-4). He had been assigned exclusively excellent conduct and efficiency marks.

7. The applicant’s DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) issued at the time of separation, showed that he was issued the National Defense Service Medal, the Vietnam Campaign Medal with 60 Device and the Vietnam Service Medal with one bronze service star. It does not show the award of the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Gallantry Cross with Palm Unit Citation or the Good Conduct Medal.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item
41 (Awards and Decorations) for award of the Army Commendation Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

9. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was not cited for award of the Presidential Unit Citation or for the award of the Meritorious Unit Commendation.

11. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

12. The applicant’s DA Form 20 shows he received credit for participation in an Unnamed Campaign 13th at the time, in item 39 (Campaigns). Army Regulation 600-8-22, Table B-1, now shows that unnamed campaign as DA Sanctuary Counteroffensive commencing 1 May and ending 30 June 1970.

13. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through
28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: the DA Sanctuary Counteroffensive 1970, ending on 30 June 1970; the Counteroffensive Phase VII, ending on
30 June 1971 and the Consolidation I, ending on 30 November 1971.

14. Army Regulation 600-8-22 also provides that the 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the 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. At that time, nonfavorable consideration was normally noted on the DA Form 20.

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CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, the applicant is not entitled to correction of his DD Form
214 to show award of the Army Commendation Medal.

2. In addition, there is no evidence of record, that the applicant was assigned to a unit that was cited for award of the Presidential Unit Citation, or the Meritorious Unit Commendation; therefore, he is not entitled to correction of his DD Form 
214 to show these awards.

3. The applicant distinguished himself by his “Excellent” conduct and efficiency ratings, his promotion to (E-4), his combat service and his offense free behavior. He earned the Good Conduct Medal.

4. He served in Vietnam during two designated campaign periods and is entitled to wear three bronze service stars on the Vietnam Service Medal.

5. He is authorized the Vietnam Gallantry Cross with Palm Unit Citation with Palm.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on his DD Form 214, the individual concerned is authorized the Good Conduct Medal, three bronze service stars on the Vietnam Service Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

_SLP___ ___ALR _ __TEO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Shirley L. Powell___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056485
SUFFIX
RECON
DATE BOARDED	20011023
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19720215
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.