PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 April 2002
         DOCKET NUMBER: AR2002067455


         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. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Ronald E. Blakely		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and one award of the Air Medal.

3. The applicant states that these awards were not added to his DD Form 214 following his tour in Vietnam from 28 November 1969 through 4 November 1970 with Company A, 2nd Battalion, 12th Infantry of the 25th Infantry Division. He also contends that he had enough air time for one award of the Air Medal and the Bronze Star Medal for service. In support of his application, he submits two DD Forms 214 with effective dates of 10 February 1970 and 17 March 1972.

4. The applicant’s military records show that he was inducted on 22 April 1969. He successfully completed basic combat training and advanced individual training and was transferred to Vietnam on 28 November 1969 for duty as a light weapons infantryman. He was honorably discharged on 10 February 1970 for immediate reenlistment. The applicant enlisted on 11 February 1970 for a period of 3 years. He returned from Vietnam on 4 November 1970. On 17 March 1972, the applicant was honorably released from active duty for assignment in a Reserve unit.

5. The applicant’s DD Forms 214 with effective dates of 10 February 1970 and 17 March 1972 do not show the first award of the Good Conduct Medal, the Army Commendation Medal with First Oak Leaf Cluster, the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the Air Medal as authorized awards. His DD Form 214 with an effective date of 17 March 1972 does show one award of the Army Commendation Medal as an authorized award.

6. 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.

7. There is no evidence in the available records which shows the applicant was recommended for or was awarded a second award of the Army Commendation Medal.



8. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, Company A, 2nd Battalion, 12th Infantry, 25th Infantry Division, was not cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it.

10. 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.

11. 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.

12. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for an award of the Air Medal.

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

14. Army Regulation 600-8-22 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

15. Army Regulation 600-8-22 provides, in pertinent part, 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

17. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 22 April 1969 to 17 March 1972 ending with termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 March 1972 to show this award.

2. The applicant’s DD Form 214 with an effective date of 17 March 1972 shows one award of the Army Commendation Medal as an authorized award. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded a second award of the Army Commendation Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal with First Oak Leaf Cluster in this case.


3. The Board considered the applicant’s contention that he is entitled to the Bronze Star Medal for his service in Vietnam. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

4. The Board also considered the applicant’s contention that he is entitled to the Presidential Unit Citation and the Meritorious Unit Commendation. However, evidence of record shows the applicant’s unit was not cited for the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Presidential Unit Citation or the Meritorious Unit Commendation in this case.

5. Evidence of record shows the applicant’s unit received 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, the applicant is entitled to correction of his DD Form 214 with an effective date of 17 March 1972 to show these unit citations.

6. The Board considered the applicant’s contention that he had enough air time for one award of the Air Medal. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for or was awarded the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

7. 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 Good Conduct Medal for the period 22 April 1969 through 17 March 1972, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 17 March 1972.







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

BOARD VOTE:

FNE____ BJE_____ REB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067455
SUFFIX
RECON
DATE BOARDED	20020418
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0056
2.	107.0094
3.	107.0095
4.	107.0000
5.
6.