PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002066446


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Elzey J. Arledge, Jr.		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 he be awarded the Bronze Star Medal with "V" device.

3. The applicant states, in effect, that he disagrees with the award of the Army Commendation Medal for the actions he took in Vietnam.

4. In support of his request, he submits an eyewitness statement and award recommendation from his former platoon leader in Vietnam.

5. The applicant’s military records show he entered the Regular Army on 18 October 1963 and completed training as an infantryman. He served in Vietnam from 16 August 1965 through 30 July 1966, while assigned to Company B, 1^st Battalion, 7^th Cavalry, 1^st Cavalry Division, and was honorably separated from active duty on 30 July 1966. His separation document shows no lost time.

6. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the Combat Infantryman Badge, the Vietnam Service Medal, the National Defense Service Medal, the Purple Heart, the Vietnam Campaign Medal, an Overseas Bar, and the Sharpshooter Rifle (M-14). It does not reflect the Bronze Star Medal with "V" device as an authorized award.

7. In a 15 October 2000 statement, the applicant's former platoon leader recalls that on 11 May 1966, in Vietnam, the platoon was engaged in combat near a village when the platoon was struck by rocket fire from an American helicopter causing extensive casualties. While the platoon simultaneously continued the fighting and treating their wounded, a Vietnamese man, dressed in civilian clothes, walked into the platoon's position. The applicant, disregarding his wounds, seized the man and took him prisoner. It was later confirmed that the prisoner was in fact, the commander of the unit the platoon was engaged against. The platoon leader believes that if the enemy commander had been allowed to escape, he would have initiated another assault against the platoon. The applicant's actions not only prevented the prisoner’s escape, but also prevented more American casualties or possibly some American soldiers being taken prisoner. The platoon leader states that he did the applicant a great injustice by not recommending him for a decoration for his heroism at the time. He now recommends that the applicant's actions be recognized by award of the Bronze Star Medal with "V" device.

8. On 11 December 2000, the platoon leader (also the eyewitness) prepared a DA Form 638 (Recommendation for Award) and forwarded it to the US Total Army Personnel Command (PERSCOM), Military Awards Branch, for review.



9. On 11 January 2001, the PERSCOM notified the applicant that they had considered the recommendation to award him the Bronze Star with "V" device and determined that the degree of action did not meet the criteria for the proposed award. Accordingly, the PERSCOM awarded him the Army Commendation Medal and provided him with the citation and order for that award.

10. A citation in his record indicates that the applicant was awarded the Air Medal for the period 5 October 1965 through 11 June 1966. This award is not reflected on his DD Form 214.

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

12. The same regulation provides that:

a. 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, distinguishes 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.

b. the decision to award an individual a decoration and the decision as to which award is appropriate are subjective decisions made by the commander having award approval authority.

c. the bronze service star is authorized for wear on the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under orders to such unit in a combat zone. In the applicant’s case, he is entitled to three bronze service stars for participation in the Vietnam Defense, the Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase II Campaigns.

d. the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
13. Department of the Army Pamphlet 672-3, (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the Company B, 1^st Battalion, 7^th Cavalry, the unit was cited for award of the Presidential Unit Citation for the period 23 October through 26 November 1965, by Department of the Army General Orders Number 40, 1967; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 14 through 16 November 1965, by Department of the Army General Orders Number 21, 1969; and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 1 January 1969 through 1 February 1970, by Department of the Army General Orders 42, 1972.

CONCLUSIONS:

1. The Board has carefully reviewed the platoon leader's eyewitness statement and his award recommendation for the applicant's actions in Vietnam on 11 May 1966. The applicant does not contend that an administrative error is involved with the award he received. Rather, he disagrees with PERSCOM's decision to downgrade the award from the Bronze Star Medal with "V" device to the Army Commendation Medal. The determination as to which award is appropriate to recognize an individual’s actions is a subjective decision made by the commander having award approval authority. In this case, the approval authority is PERSCOM. The Board has found no evidence to indicate that the PERSCOM award decision was unjust or otherwise inappropriate or that the process was not administratively correct and in conformance with applicable regulations. Accordingly, the Board finds no grounds to modify the PERSCOM decision.

2. Additionally, after reviewing his case, it was noted that the applicant is entitled to the Air Medal, the Presidential Unit Citation, three bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation and is entitled to a correction of his records to show these awards.

3. Similarly, the applicant’s service was meritorious, as evidenced by his promotion to private first class, and award of the Army Commendation Medal. Since the record is also devoid of any evidence of disciplinary action taken against him, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 18 October 1963 through 30 July 1966 was an oversight and he is entitled to its award and to a correction of his records to show this award.

4. 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 showing that the individual concerned was awarded the Army Good Conduct Medal for the period 18 October 1963 through 30 July 1966, the Army Commendation Medal, the Air Medal, the Presidential Unit Citation, three bronze service stars to be worn on his Vietnam Service 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:

___eja___ ____kah_ ___tbr___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Elzey J. Arledge, Jr.____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066446
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020917
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.
3.
4.
5.
6.