PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002070817


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Arthur O. Omartian		Member
Mr. Raymond J. Wagner		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 his records be corrected to show he earned the Bronze Star Medal (BSM) with Valor (“V”) Device and two awards of the Army Commendation Medal (ARCOM).

3. The applicant states, in effect, that his military records should reflect that he received the BSM with “V” Device and two awards of the ARCOM.

4. The applicant’s military records show that on 2 February 1968, he was inducted into the Army of the United States for two years. He successfully completed basic training at Fort Bragg, North Carolina, and advanced individual training (AIT) at Fort Dix, New Jersey. Upon completion of AIT, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he arrived in the Republic of Vietnam (RVN) for duty on 17 March 1969, and that he was assigned to Company B, 2nd Battalion, 7^th Cavalry Regiment, 1^st Cavalry Division, to perform duties in MOS 11C as an indirect fire crewman. On
22 January 1970, he departed his unit in the RVN enroute to the United States, where he was separated on 26 January 1970.

6. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty tenure, he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citation; RVN Campaign Medal with 60 Device, BSM, and Air Medal. The BSM entry indicates that it was awarded in General Order (GO) Number 14339, dated 15 November 1969, published by Headquarters, 1^st Cavalry Division. This item contains no entry to show the applicant was ever awarded the BSM with “V” Device or two awards of the ARCOM during his active duty tenure. Item 38 (Record of Assignments) shows that he received “Excellent” conduct and efficiency ratings for all his active duty assignments.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of GO Number 14339, dated 15 November 1969, issued by Headquarters,
1^st Cavalry Division (Airmobile), RVN, which awarded him the BSM for meritorious service for the period January 1969 through January 1970. However, the MPRJ contains no orders or other documents that would indicate that he was ever recommended for, received, or was entitled to either the BSM with “V” Device or to an ARCOM. In addition, there is no derogatory information of file in the MPRJ that would have disqualified the applicant from receiving the Army Good Conduct Medal (AGCM) and no indication that he was ever formally disqualified from receiving the award by any of the active duty unit commanders for which he served.

8. On 26 January 1970, the applicant was honorably separated from active duty after completing a total of 1 year, 11 months, and 25 days of active military service. The separation document (DD Form 214) issued to and authenticated by him with his signature confirms, in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure: National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; BSM; Air Medal; Combat Infantryman Badge; Purple Heart; and Republic of Vietnam Gallantry Cross with Palm.

9. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-13 contains guidance on the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

10. Paragraph 3-13 contains guidance on awarding the BSM. It states, in pertinent part, that it may be awarded for acts of heroism of a lesser degree than required for the award of the Silver Star, or for meritorious achievement or meritorious service. Paragraph 3-16 contains guidance on awarding the ARCOM and it states, in pertinent part, that it is awarded for acts of heroism of a lesser degree than required for the BSM, or for meritorious achievement or meritorious service.

11. Paragraph 3-18 provides the rules for processing the DA Form 638 (Award Recommendation), which is required to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations.

12. Chapter 4 prescribes the policy for award of the AGCM and it states that this award is awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service. For the first award only, a period of more than
1 year is considered a qualifying period, if given at the termination of a period of active Federal service. It is the decision of the unit commander to award the AGCM, however, a specific disqualification action must be taken to deny the award.

13. Paragraph 6-5 contains guidance on awarding the "V" device and it states, in pertinent part, that it is worn to denote participation in acts of heroism involving conflict with an armed enemy and with the Bronze Star Medal to denote an award made for heroism (valor).

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14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the applicant’s unit, 2^nd Battalion, 7^th Cavalry Regiment, earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure with the unit in the RVN. Further, it confirms that during his assignment tenure in the RVN, participation credit was granted for the following campaigns: Tet 1969 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his records should be corrected to include the BSM with “V” Device and two awards of the ARCOM, but it finds insufficient evidence to support these claims.

2. The Board wishes to advise the applicant that it does not question the veracity of his claim of entitlement to the BSM with “V” Device and two awards of the ARCOM, and to commend him for his outstanding record of combat service in the RVN. However, there is no evidence of record or independent evidence to show that he was ever recommended for or awarded the BSM with “V” Device and/or two awards of the ARCOM. The record does confirm that he earned the BSM for meritorious service and that this award was properly entered in his qualification record and recorded in his separation document. Consequently, based solely on the lack of evidence, the Board is regrettably compelled to deny the requested relief in the interest of fairness to all those who served in the RVN and who faced similar circumstances.

3. During the review of this case, the Board did discover that the applicant is entitled to awards that were not entered in his record or included in his DD Form 214. Further, it concludes that it would be appropriate to correct his record to include these awards at this time.

4. Lacking any evidence of disqualifying derogatory information or a specific disqualification from any of the active duty unit commanders for which he served, the Board concludes that the applicant should be awarded the first award of the AGCM for his period of honorable qualifying service from 2 February 1968 through 26 January 1970.

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5. In addition, the Board finds that based on his unit service and campaign participation in the RVN, the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to 3 bronze service stars with his Vietnam Service Medal. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal for his period of honorable qualifying service from 2 February 1968 through 26 January 1970; by showing that he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and 3 bronze service stars with his Vietnam Service Medal based on his unit service and campaign participation in the RVN; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__KAK__ __AOA__ __RJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070817
SUFFIX
RECON
DATE BOARDED	2002/07/02
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/01/26
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	OS Returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.