PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001065780


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and two additional awards of the Bronze Star Medal.

3. The applicant states, in effect, that he is entitled to these awards and they are not shown on his discharge document. In support of his application, he submits a copy of his DD Form 214; two letters, dated 22 June 1970 and 25 May 1970, from Members of Congress; an award certificate and orders for the Purple Heart for wounds sustained on 7 May 1970; orders and an award certificate for the Bronze Star Medal for meritorious achievement during the period 1 November 1969 to 31 December 1969; and orders, citation and an award certificate for the Bronze Star Medal for meritorious service during the period July 1969 to July 1970.

4. The applicant’s military records show that he was inducted on 13 August 1968. He served as an armor recon specialist in Vietnam from 21 July 1969 through 18 July 1970 and was honorably released on 19 July 1970.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. His DD Form 214 does show one award of the Bronze Star Medal as an authorized award.

6. 25th Infantry Division General Orders Number 5124, dated 11 May 1970, show the applicant was awarded the Purple Heart for wounds received in action on 7 May 1970 in Vietnam.

7. 25th Infantry Division General Orders Number 906, dated 24 January 1970, show the applicant was awarded the Bronze Star Medal for meritorious achievement for the period 1 November 1969 to 31 December 1969.

8. 25th Infantry Division General Orders Number 5557, dated 26 May 1970, show the applicant was awarded the Bronze Star Medal for meritorious service during the period July 1969 to July 1970.

9. There is no evidence in the available records which shows the applicant was awarded a third award of the Bronze Star Medal.

10. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show he served in Vietnam from 21 July 1969 through 18 July 1970 and participated in four campaigns (Vietnam Summer-Fall 1969 from 9 June 1969 to 31 October 1969; Vietnam Winter-Spring 1970 from
1 November 1969 to 30 April 1970; DA Sanctuary Counteroffensive from 1 May



1970 to 30 June 1970; and Vietnam Counteroffensive, Phase VII from 1 July 1970 to 30 June 1971).

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973. This award is not shown on his discharge document.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. This award is not shown on his discharge document.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. 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.

CONCLUSIONS:

1. The applicant was awarded the Purple Heart for wounds received in action on 7 May 1970 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.




2. The applicant’s DD Form 214 shows one award of the Bronze Star Medal. The Board considered the applicant’s contention that he is entitled to two additional awards of the Bronze Star Medal. However, evidence of record shows the applicant was awarded two awards of the Bronze Star Medal, one award for meritorious achievement and one award for meritorious service. Therefore, the applicant is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal (First Oak Leaf Cluster)).

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 13 August 1968 to 19 July 1970 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5. The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, he is entitled to correction of his military records to show these unit citations.

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 the individual concerned was awarded the Purple Heart, the Bronze Star Medal (First Oak Leaf Cluster), the Vietnam Service Medal with four bronze service stars, the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.







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

BOARD VOTE:

JNS____ LDS_____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone__________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001065180
SUFFIX
RECON
DATE BOARDED	20020321
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.	107.0000
4.
5.
6.