PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 MARCH 2002
         DOCKET NUMBER: AR2001064430


         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. Fred N. Eichorn		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.

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2. The applicant requests that his records be corrected to reflect award of the Combat Infantryman Badge and a second Army Commendation Medal. He states, in effect, that the awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). In support of his request he submits copies of orders awarding him the Combat Infantryman Badge and a copy of his Army Commendation Medal (First Oak Leaf Cluster) award certificate.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 20 March 1968. He served in Vietnam for a period of 12 months between September 1968 and September 1969 and participated in four designated campaign periods (Vietnam Counteroffensive, Phases V and VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969). On 18 February 1969, while assigned to the 199^th Infantry Brigade, the applicant was awarded the Combat Infantryman Badge. Orders issued by Headquarters, 199^th Infantry Brigade, and contained in his OMPF (Official Military Personnel File) confirm the award.

4. On 26 August 1969 the applicant was awarded his first Army Commendation Medal. Order issued by the 199^th Infantry Brigade, and contained in his OMPF, confirm the award. The award recognized the applicant's meritorious service during the period September 1968 through September 1969 while assigned to Company B, 3^rd Battalion 7^th Infantry, 199^th Infantry Brigade.

5. The applicant was assigned to Fort Knox, Kentucky upon his return to the United States. He was released from active duty on 31 December 1969, in pay grade E-5, with an honorable characterization of service, under an early release program for individuals attending school. His DD Form 214 does not reflect entitlement to the Combat Infantryman Badge but does reflect entitlement to one Army Commendation Medal. The document also reflects entitlement to the Vietnam Service Medal but does not reflect any bronze service stars denoting participation in designated campaign periods.

6. The Army Commendation Medal (First Oak Leaf Cluster) certificate, submitted by the applicant in support of his request, indicates the applicant was awarded that Army Commendation Medal for meritorious achievement during the period
18 September 1968 and 17 July 1969. The certificate was issued on
12 November 1969, after the applicant departed Vietnam, and was authenticated by the 199^th Infantry Brigade Commanding General, Warren K. Bennett, and Secretary of the Army Stanley R. Resor. General Bennett commanded the 199^th Infantry Brigade between May and November 1969 and Secretary Resor served as Secretary of the Army between July 1965 and June 1971. The applicant's records, however, do not contain orders confirming the award.

7. Army Regulation 600-8-22 (Military Awards) 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.

8. Army Regulation 600-8-22 also provides that bronze service stars are awarded to represent participation in designated campaign periods. During the Vietnam era the bronze service stars were affixed to the Vietnam Service Medal.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (199^th Infantry Brigade) was awarded a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation during his tenure with the organization.

10. Army Regulation 600-8-22 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. 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. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

CONCLUSIONS:

1. Orders submitted by the applicant and contained in his OMPF confirm he was awarded the Combat Infantryman Badge. His records should be corrected accordingly.

2. Although the Board notes that there are no orders in the applicant's available records awarding him a second Army Commendation Medal, the appropriate officials signed the award certificate submitted by the applicant, and the period of service covered by the award coincides with the applicant's dates of service in Vietnam. The fact that the certificate was issued after the applicant’s departure from Vietnam could explain the absence of the award on his separation document. In the absence orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to a second Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document.
3. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 31 December 1969. 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 of 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 20 March 1968 through 31 December 1969.

4. The evidence also confirms the applicant is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

5. 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 be corrected:

a. by showing that the individual concerned was awarded the Combat Infantryman Badge and two awards of the Army Commendation Medal;

b. by awarding him the Army Good Conduct Medal for the period
20 March 1968 through 31 December 1969; and

c. by showing that he is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__FNE __ __TBR __ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064430
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020305
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.