PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002068135



         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman, Jr.		Member
Mr. William D. Powers		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 his records be corrected to show that he received the Bronze Star Medal with "V" device.

3. The applicant states, in effect, that based on a copy of the 13 July 1970 edition of the Tropic Lightning News showing that he was awarded the Bronze Star Medal for Valor, he is entitled to the "V" device for his Bronze Star Medal.

4. The applicant’s military records show that he was inducted on 15 January 1969. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11C (Infantryman).

5. The applicant's DD Form 214 (Report of Transfer or Discharge) lists his awards as the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.

6. The DD Form 214 shows that the applicant had served from 17 June 1969 through 15 August 1970 in Vietnam with Company C, 4^th Battalion, 23^rd Infantry Regiment, 25^th Infantry Division. He was honorably released from active duty on 23 August 1970 with 1 year, 7 months, and 9 days of service.

7. The applicant's file contains copies of orders showing that he qualified as an expert marksman with the M-14 rifle and the 45-caliber pistol.

8. The record contains a copy of Headquarters, 25^th Infantry Division General Orders Number 4525, dated 26 April 1970, which shows the applicant was awarded the Bronze Star Medal for "meritorious service in connection with military operations against a hostile force."

9. Newspaper articles, while often helpful in many incidents, are not an authoritative source of information and cannot be used as a sole justification for an award.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. The following paragraphs are pertinent to this case:

a. Paragraph 2-13 provides for award of the Vietnam Service Medal. The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.

b. Paragraph 3-13 provides for award of the Bronze Star Medal. That paragraph states that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.

c. Paragraph 6-5 provides for award of bronze "V" device. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

d. Paragraph 6-7 provides for award of bronze service stars. That paragraph states that a bronze service star is awarded 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 campaign or service medal, including the Vietnam Service Medal.

e. Paragraph 8-44 sets forth the requirements for the basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

f. Paragraph 9-27 provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The Vietnamese government, for valorous combat achievement, awards the unit citation of the Gallantry Cross in four degrees as follows:

1. with Palm – to a unit which is cited before the Armed Forces;
2. with Gold Star – to a unit which is cited before a corps;
3. with Silver Star – to a unit which is cited before a division; and
4. with Bronze Star – to a unit which is cited before a regiment or brigade.

g. Paragraph 9-28 provides for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. This is a unit citation awarded by the Vietnamese government for meritorious service.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that Company C, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of Army General Orders (DAGO) Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 30 April 1966 through 21 January 1970 by DAGO 51, dated 1971.

12. Department of the Army Pamphlet 672-3 also shows that during the period that the applicant was attached to it, Company C, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division was cited as participating in the following campaigns: the Summer-Fall 1969 Offensive, the Winter-Spring 1970 Offensive, the Sanctuary Counteroffensive, and Vietnam Counter Offensive Phase VII.
CONCLUSIONS:

1. Although the newspaper article shows the award of the "Bronze Star for Valor", the official military records show that the applicant received his Bronze Star Medal for meritorious service and not for heroism. Therefore, he is not entitled to the "V" device for this medal.

2. The applicant's DD Form 214 erroneously does not show his entitlement to award of the Expert Qualification Badge with Rifle and Pistol bars, or four bronze service stars on his Vietnam Service Medal. It is in the interest of justice to correct these errors and add them to his DD Form 214.

3. During the period that the applicant served in Vietnam his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. It is in the interest of justice to correct these errors and add them to his DD Form 214.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded:

a. the Expert Qualification Badge with Rifle and Pistol bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and,

b. four bronze service stars on his Vietnam Service Medal.

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


BOARD VOTE:

_JNS____ __DPH__ __WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068135
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT Partial
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.
3.
4.
5.
6.