PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002068175


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		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 correction of his DD Form 214 (Report of Transfer or Discharge), dated 2 October 1968, to show that he was awarded one Bronze Star Medal for heroism, one for meritorious achievement, and the Army Commendation Medal.

3. The applicant states, in effect, that his DD Form 214 does not show his two awards of the Bronze Star Medal or the Army Commendation Medal. In support of his application, he submits a copy of his DD Form 214 and three award certificates awarding him two awards of the Bronze Star Medal and the Army Commendation Medal.

4. The applicant’s military records show he enlisted on 7 January 1960, as a light weapons infantryman. He served in Vietnam from 8 July 1965 to 26 May 1966 and from 30 October 1967 to 28 September 1968, and was released from active duty on 2 October 1968.

5. His DD Form 214, dated 2 October 1968, does not show his two awards of the Bronze Star Medal or his Army Commendation Medal.

6. The applicant provided two award certificates and one citation, which show that he was awarded the Bronze Star Medal for heroism in ground combat while serving in Vietnam on 9 March 1966, and for meritorious achievement in ground operations against hostile forces while serving in Vietnam during the period 1 October 1967 to 2 October 1968. There are no orders to validate the certificate that is undated.

7. The applicant’s records contain a copy of Headquarters, United States Army Vietnam General Orders Number 4087, dated 24 June 1966, which shows that he was awarded the Bronze Star Medal with “V” device for heroism in connection with military operations against a hostile force while serving in Vietnam on 9 March 1966.

8. The applicant’s records contain a copy of Headquarters, 101st Airborne Division General Orders Number 6245, dated 13 September 1968, which shows that he was awarded the Army Commendation Medal for meritorious achievement in ground operations while serving in Vietnam during the period 30 January to 26 February 1968.

9. The applicant provided a copy of an award certificate with citation, which shows that he was awarded the Army Commendation Medal for exceptionally meritorious achievement in ground operations while serving in Vietnam during the period 25 March to 25 August 1968. There are no orders to validate the certificate that is undated.


10. Army Regulation 600-8-22 prescribes Army Policy for military awards. Paragraph 1-8 covers duplication of awards. It states that continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.

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. This document shows that Company C, 1st battalion, 327th Infantry, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 17, 1968. The applicant’s other unit, Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry, was also cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, 1970. The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster.

12. This pamphlet also shows that his unit was cited for award of the Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 17, dated 1968.

13. Department of the Army Pamphlet 672-3 also 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 43, dated 1970, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

14. Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

15. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal, Army Commendation Medal, and the Valorous Unit Award.

16. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source




documentation is the order, letter, or memorandum, which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum, which awarded the decoration. A search of the available General Orders files for the 101st Airborne Division failed to locate any General Orders awarding the applicant the Bronze Star Medal for the period 1 October 1967 to 2 October 1968 or the Army Commendation Medal for the period 25 March to 25 August 1968.

CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” device for heroism in ground combat while serving in Vietnam on 9 March 1966. Therefore, he is entitled to correction of his records to show this award.

2. The applicant has provided an award citation and certificate as evidence that he was awarded the second award of the Bronze Star Medal for meritorious achievement while serving in Vietnam during the period 1 October 1967 to 2 October 1968. This period coincides with the applicant’s second tour in the Republic of Vietnam. There are no orders available to the Board which authorize award of his second Bronze Star Medal. Upon review, the Board has determined that this evidence is sufficient as a basis for correction of his records to show his second award of the Bronze Star Medal as an end of tour award. Therefore, the applicant is entitled to correction of his records to show the Bronze Star Medal with “V” device (First Oak Leaf Cluster).

3. The evidence of record shows that the applicant was awarded the first award of the Army Commendation Medal by 101st Airborne Division General Orders Numbers 6245, dated 13 September 1968, for meritorious achievement. Therefore, he is entitled to correction of records to show the Army Commendation Medal.

4. The Board notes that the Army Commendation Medal award certificate and citation for the period 25 March to 25 August 1968 is inclusive in the award period for the Bronze Star Medal for meritorious achievement. Since there are
no orders to support this award and since the Board has already determined that the higher award for the Bronze Star Medal for his entire period in Vietnam is appropriate, it would not be appropriate to validate the second Army Commendation Medal which violates the intent of the awards regulation.


5. The evidence of record shows that the applicant’s unit was cited twice for award of the Valorous Unit Award while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Valorous Unit Award (First Oak Leaf Cluster).

6. The applicant was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these awards.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal with “V” device (First Oak Leaf Cluster), the Army Commendation Medal, the Valorous Unit Award (First Oak Leaf Cluster), the Meritorious Unit Commendation, 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:

___sc___ ___mm_ __rs____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Samuel A. Crumpler__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002068175
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19681002
DISCHARGE AUTHORITY	AR .635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 60
2.
3.
4.
5.
6.