PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002072050


         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. Arthur A. Omartian		Chairperson
Mr. John P. Infante		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3. The applicant states that the Bronze Star Medal was awarded to him at
"L.Z. [landing zone] Sally" in South Vietnam. He submitted a copy of his DD Form 214, an award certificate and a citation for award of the Bronze Star Medal in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 11 January 1968. He successfully completed basic and advanced individual training and served in Vietnam from January 1969 to December 1969. The applicant was honorably released from active duty on 4 December 1969 in the temporary rank of specialist four.

5. The applicant's DD Form 214 does not show the Bronze Star Medal as an authorized award.

6. The applicant provided a copy of an award certificate dated 30 August 1969, which shows he was awarded the Bronze Star Medal for meritorious achievement during the period 1 January 1969 to 31 August 1969.

7. The applicant also provided a copy of a citation which shows he was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period 1 January 1969 to 31 August 1969.

8. The applicant's service personnel records contain 101st Airborne Division General Orders Number 11535, dated 30 August 1969, which awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam for the period 1 January 1969 to 31 August 1969.

9. Review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal and the Meritorious Unit Commendation which are not shown on his discharge document.

10. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s service in Vietnam, Appendix B shows that he participated in four campaigns of the Vietnam War.

11. Records show the applicant was assigned to the 101st Administration Company, 101st Airborne Division during his tour in Vietnam.

12. 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, at the time of the applicant's assignment to the 101st Administration Company, 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 43, dated 1970.

13. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 101st Administration Company, it was cited for award of 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. 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 was released from active duty with a Reenlistment Code of RE-1.

15. Department of the Army Pamphlet 672-3 also shows that the 101st Administration Company was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1968 to 30 April 1969 based on Department of the Army General Orders Number 39, dated 1970.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.



18. 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.

CONCLUSIONS:

1. Orders show the applicant was awarded the Bronze Star Medal for his meritorious service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.

2. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

3. Evidence of record shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal. Therefore, his DD Form 214 will be amended to show award of the Republic of Vietnam Campaign Medal.

4. Orders show the applicant 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. Therefore, he is entitled to correction of his records to show these foreign unit awards.

5. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 11 January 1968 to 4 December 1969 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. While the applicant was assigned to the 101st Administration Company, that unit was cited for award of the Meritorious Unit Commendation, therefore, his records will be amended to show this award.

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



RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal and the Meritorious Unit Commendation.

BOARD VOTE:

AAO______ JPI____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002072050
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021114
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0014
2.
3.
4.
5.
6.