PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 August 2002
         DOCKET NUMBER: AR2002069158


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Donald P. Hupman, Jr.		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, in effect, that the Bronze Star Medal (BSM) be added to his Report of Transfer or Discharge, DD Form 214.

3. The applicant makes no additional statement. As supporting evidence he provides his DD Form 214 for the period ending 20 July 1970, a citation for the BSM, a BSM certificate dated 7 January 1969, and a disposition form dated 18 June 1969 from the 82d Airborne Division, Fort Bragg, NC to the 782d Maintenance Battalion, Fort Bragg, NC forwarding the BSM certificate and citation for presentation to the applicant.

4. The applicant’s military records show that he initially enlisted in the Regular Army on 26 December 1963. He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on 31 August 1966 for being absent from reveille formation. He was released from active duty on 13 December 1966 after completing 2 years, 11 months, and 18 days of creditable active service with no lost time. His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his enlistment. His DD Form 214 shows he was awarded the Parachutist Badge, the Expert Qualification Badge Rifle M-16, the Sharpshooter Qualification Badge Rifle M-14, and the National Defense Service Medal.

5. The applicant reenlisted in the Regular Army on 31 July 1967. He arrived in Vietnam and was assigned to the 801^st Maintenance Battalion, 101^st Air Cavalry Division on 4 December 1967. He departed on 27 November 1968 after being credited with five campaigns. The BSM certificate and citation provided by the applicant show that he was awarded the BSM for outstanding meritorious service for the period 1 April to 30 November 1968. The certificate is dated 7 January 1969 and is signed by the Commanding General, 101^st Airborne Division. An onionskin copy of the citation is filed in his military personnel files.

6. The applicant returned to Vietnam and was assigned to the 540^th Transportation Company on 25 August 1969. He departed on 3 July 1970 after being credited with three campaigns. He was discharged early as an overseas returnee on 20 July 1970. His DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, and two awards of the Army Commendation Medal.

7. The Awards Branch at the U. S. Total Army Personnel Command could locate no BSM orders pertaining to the applicant; however, that office noted that they have no general orders for the 101^st Airborne Division until 14 March 1969.

8. A review of the historical files of the 801^st Maintenance Battalion, 101^st Airborne Division at the National Archives, College Park, MD failed to support the applicant’s claim to the BSM. However, those files also are silent as to awards prior to 14 March 1969.

9. Army Regulation 600-8-22 provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. One silver service star is worn in lieu of five bronze service stars.

10. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11. Department of the Army Pamphlet 672-3 shows that the 801^st Maintenance Battalion was awarded the Meritorious Unit Commendation for the period 1 November 1968 – 31 May 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 18 March 1968 – 2 May 1970. It shows that the 540^th Transportation Company was awarded the Meritorious Unit Commendation for the period 1 November 1968 – 31 January 1970. Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1. The applicant provides copies of a BSM citation (an onionskin copy of which is filed in his military personnel records) and a BSM certificate signed by the Commanding General, 101^st Airborne Division. Although there is no record of general orders being published awarding him the BSM, the Board accepts the provided evidence as sufficient to substantiate his contention that he was awarded the BSM.

2. The applicant met the eligibility requirements for award of the Army Good Conduct Medal for his first period of enlistment.

3. The applicant met the eligibility requirements to wear one silver service star and three bronze service stars on his Vietnam Service Medal.

4. The applicant was assigned to two units during periods of time those units were awarded the Meritorious Unit Commendation (one for each unit) and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear this unit award, also.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant be awarded the Army Good Conduct Medal for the period 26 December 1963 through 13 December 1966.

2. That the applicant’s DD Form 214 for the period ending 13 December 1966 be amended to add the Army Good Conduct Medal.

3. That the applicant’s DD Form 214 for the period ending 20 July 1970 be amended to add the Bronze Star Medal, the Army Good Conduct Medal, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear one silver service star and three bronze service stars with the Vietnam Service Medal.

BOARD VOTE:

__FNE__ __MHM__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                                      ___Fred N. Eichorn___
                                                               CHAIRPERSON

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INDEX

CASE ID	AR2002069158
SUFFIX
RECON
DATE BOARDED	2002/07/16
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.