Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001058735C070421
Original file (2001058735C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001058735


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Curtis L. Greenway 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 that the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB) be added to his Report of Transfer or Discharge, DD Form 214.

3. The applicant states that he is sending copies of his BSM and ARCOM certificates but he cannot locate the CIB orders.

4. The applicant’s military records show that he enlisted in the Regular Army on 30 November 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 68D (Powertrain Repairman).

5. The applicant arrived in Vietnam on or about 1 October 1968. His Enlisted Qualification Record, DA Form 20, shows that he was assigned to Company A, 159th ASHR (acronym unknown); however, his assignment orders and ARCOM orders show he was assigned to the 527th Transportation Detachment, 101st Airborne Division. His DA Form 20 shows his duty MOS as 68D.

6. The applicant was awarded the ARCOM on General Orders 3208, Headquarters, 101st Airborne Division dated 11 April 1969 for the period 1 October 1968 – 28 February 1969. He has provided the ARCOM certificate and citation. He provides a BSM certificate but no citation for the period 1 October 1968 – 31 May 1969. No orders are available.

7. The applicant received reassignment orders to Fort Benning, GA with a report date of 20 June 1969. His Military Personnel Records Jacket, DA Form 201, contains documents that show he extended in Vietnam until he qualified for an early separation as an overseas returnee. He was released from active duty on 8 September 1969 from the U. S. Army Personnel Center, Oakland, CA in pay grade E-5 after completing 2 years, 9 months, and 9 days of creditable active service with no time lost. His DA Form 20 shows his conduct and efficiency had been rated as excellent while in Vietnam. No other ratings are available. There is no evidence of record to show he ever received any disciplinary actions.

8. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. It provides that announcement in orders is required for all personal decorations. It also provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

9. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10. Department of the Army Pamphlet 672-3 shows that the 527th Transportation Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 20 October 1968 – 14 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 20 October 1968 – 2 May 1970.

CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the ARCOM; therefore, this award should be listed on his DD Form 214.

2. Although the applicant provides a certificate to show he was awarded the BSM, no BSM orders are available. The Board notes that the period of service for the BSM overlaps the period of service for which he was awarded the ARCOM for all but three months. Unless orders become available, the Board concludes that granting the relief requested with regard to the BSM is not appropriate.

3. The Board appreciates the applicant’s service in Vietnam but he did not meet the eligibility criteria for award of the CIB. He was not an infantryman, the evidence of record shows he did not perform duties as an infantryman, and he was not assigned to an infantry unit.

4. The Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal. Although his conduct and efficiency ratings for all his assignments are not available, he had no record of disciplinary actions and he was promoted to E-5 with no record of reductions prior to his separation.

5. The applicant was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class. He is entitled to these awards, also.

6. 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 awarding the applicant the Army Good Conduct Medal for the period 30 November 1966 – 8 September 1969.

2. That the applicant’s DD Form 214 be amended to add the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

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

BOARD VOTE:

__cla___ __clg___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001058735
SUFFIX
RECON
DATE BOARDED 20010911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.04
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001058293C070421

    Original file (2001058293C070421.rtf) Auto-classification: Approved

    The evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action. Therefore, he is entitled to be awarded those medals and to have his records corrected accordingly. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2015 | 20150000991

    Original file (20150000991.txt) Auto-classification: Approved

    There are no orders for the ARCOM or CIB in the applicant's available records. The applicant's DD Form 214 shows the ARCOM as an authorized award; however, there are no orders for the ARCOM in the applicant's available records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 5 January 1968 through 18 December 1969, b. deleting award of the ARCOM and VSM from his DD...

  • ARMY | BCMR | CY2008 | 20080010157

    Original file (20080010157.txt) Auto-classification: Approved

    There are no orders showing the applicant was recommended for or awarded the CIB. The evidence in the official record shows the applicant held MOS 05B during the time he served in the RVN, although his DA Form 20 shows he performed duties as a scout observer (11F) with an infantry regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the AGCM (First Award) for the qualifying period of service from 23...

  • ARMY | BCMR | CY2011 | 20110019345

    Original file (20110019345.txt) Auto-classification: Approved

    It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970. In this case, the evidence of record clearly shows the applicant was assigned to...

  • ARMY | BCMR | CY2014 | 20140016117

    Original file (20140016117.txt) Auto-classification: Approved

    Since the applicant's primary MOS was 57G at the time of his REFRAD, which is properly shown in item 23a of his DD Form 214, there is no basis for granting his request to change his MOS on his DD Form 214. Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award)...

  • ARMY | BCMR | CY2008 | 20080018370

    Original file (20080018370.txt) Auto-classification: Approved

    The applicant requests, in effect, that all awards he earned during his active duty service, to include service medals authorized for Republic of Vietnam (RVN) service, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge...

  • ARMY | BCMR | CY2012 | 20120004088

    Original file (20120004088.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), and any other awards he is authorized. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the...

  • ARMY | BCMR | CY2012 | 20120003440

    Original file (20120003440.txt) Auto-classification: Approved

    The applicant provides: * Orders and citation for the BSM * Orders and citation for the Air Medal * Orders for the Army Commendation Medal (ARCOM) and ARCOM with "V" Device * Vietnam Combat Certificate * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year...

  • ARMY | BCMR | CY2009 | 20090018117

    Original file (20090018117.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure: * National Defense Service Medal * RVN Campaign Medal with 60 Device * Parachutist Badge * ARCOM * Vietnam Service Medal (VSM) * AM 8. As a result, it would be appropriate to award him the AGCM (first award) for his qualifying period of honorable active duty service from 5 July 1967...

  • ARMY | BCMR | CY2013 | 20130006660

    Original file (20130006660.txt) Auto-classification: Approved

    Therefore, he should be awarded the AGCM (1st Award) for the period 27 July 1967 through 16 May 1969 and his DD Form 214 should be corrected to show this award. However, there is no evidence in the available records to show that he was awarded the BSM and ARCOM and there is no evidence to show that his unit was awarded the MUC during the period he served with the unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...