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ARMY | BCMR | CY2001 | 2001065993C070421
Original file (2001065993C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2001065993


         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
Mr. Robert J. McGowan Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Ms. Paula Mokulis 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 records be corrected to show that he was awarded the Bronze Star Medal (BSM).

3. The applicant states that his unit in Vietnam awarded him the BSM in December 1971; however, he lost the paperwork and so it doesn't appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted into the Army of the United States on 16 February 1970. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic) and sent to Fort Hood, Texas, and then to Vietnam.

5. The applicant served in Vietnam with the 506th Transportation Detachment and the 233rd Transportation Company from 20 December 1970 to 8 December 1971. He was returned to the United States and the US Army Personnel Center, Oakland, California, where he was separated with an honorable discharge on 12 December 1971.

6. The applicant's DD Form 214 shows that he had 1 year, 9 months, and 27 days of creditable active service. It shows that he was separated in the rank of Specialist Five (SP5/E-5) and that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

8. AR 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.


9. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.

10. AR 600-8-22 authorizes award of a bronze service star (BSS), 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. The applicant served in Vietnam during two campaigns (Consolidation I and II); he is entitled to two BSS for wear on his Vietnam Service Medal.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Vietnam Gallantry Cross with Palm Unit Citation for Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973, and to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. There is nothing in the applicant's records, nor has he provided any proof to show that he was awarded the BSM.

2. The applicant served honorably and is entitled to the Good Conduct Medal. He is also entitled to two BSS for wear on his Vietnam Service Medal and the Vietnam Gallantry Cross with Palm Unit Citation.

3. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing that he was awarded the Good Conduct Medal for the period 16 February 1970 to 12 December 1971, two BSS, and the Vietnam Gallantry Cross with Palm Unit Citation.


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

BOARD VOTE:

____fne__ ___pm__ ____rwa_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Fred N. Eichorn_________
                  CHAIRPERSON




INDEX

CASE ID AR2001065993
SUFFIX
RECON
DATE BOARDED 20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY DASA
ISSUES 1. 107.0014
2. 107.0056
3.
4.
5.
6.


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