PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002067874


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman		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 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal for meritorious service, one award of the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with three bronze service stars, the Good Conduct Medal, and the Combat Infantryman Badge.

3. The applicant states that he served in Vietnam from 9 May 1969 to 7 May 1970 and was wounded in combat. He states that his units never added these decorations to his DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted in the Army on 19 November 1968. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from 9 May 1969 through 7 May 1970 and was permanently retired on 3 August 1970 by reason of physical disability.

5. The applicant's DD Form 214 does not show two awards of the Bronze Star Medal, one award of the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or the Combat Infantryman Badge as authorized awards.

6. The applicant's DD Form 214 shows entitlement to one award of the Bronze Star Medal. There are no orders in the applicant’s service personnel records which show that he was awarded the second award of the Bronze Star Medal, and there is no evidence that he was recommended for the second award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for two awards of the Bronze Star Medal.

7. 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 award of the Air Medal.

8. 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 does not show that the applicant’s unit was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9. 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 1st Battalion, 46th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972. This document also shows that the 1st Battalion, 46th Infantry was cited for award of the Valorous Unit Award by Headquarters Department of the Army General Orders Number 43, dated 1972.

10. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. Item 39 (Campaigns) on his DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Tet 69 Counteroffensive Campaign. Table B-1 of Army Regulation 600-8-22 (Military Awards), shows he was also entitled to credit for participation in the Vietnam Summer/Fall 1969 Campaign and the Vietnam Winter/Spring 1970 Campaign.

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. Records show the applicant served in duty MOS 11B as a rifleman with the 1st Battalion of the 46th Infantry during combat in Vietnam.

13. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14. 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.

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.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1. The Board noted the applicant's request for two awards of the Bronze Star Medal for meritorious service. However, evidence of record shows entitlement to only one award of the Bronze Star Medal. There is no evidence, and the applicant has provided no evidence, which shows he was recommended for or awarded the second award of the Bronze Star Medal. Therefore, there is no basis on which to award two awards of the Bronze Star Medal in this case.

2. The Board also noted the applicant's request for one award of the Air Medal. However, there are no orders which show the applicant was awarded the Air Medal or that he met the qualifications for award of the Air Medal. Therefore, there is no basis for awarding the Air Medal in this case.

3. There is no evidence of record which shows that while the applicant was assigned to the 1st Battalion, 46th Infantry, it was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, there is no basis for amending his DD Form 214 to show these awards.

4. Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. Therefore, he is entitled to correction of his records to show these foreign unit awards.

5. Evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 19 November 1968 through 3 August 1970 ending with termination of a period of Federal military service.

7. Evidence of record shows that the applicant was awarded an infantry MOS. The applicant’s records show that he served in an infantry duty position in an infantry unit of regimental or smaller size in combat in Vietnam. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

8. 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:

         a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

         b. by showing he was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Good Conduct Medal, and the Combat Infantryman Badge.

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

BOARD VOTE:

MHM____ KAN____ DPH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067874
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020514
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0014
2.	107.0018
3.	107.0031
4.	107.0034
5.	107.0056
6.	107.0094
7.	107.0095
8.	107.0073
9.	107.0111