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ARMY | BCMR | CY2002 | 2002072428C070403
Original file (2002072428C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002072428


         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
Mrs. Victoria A. Donaldson Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Kenneth W. Lapin Member
Mr. Richard T. Dunbar 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 he was awarded the Bronze Star Medal in November 1968. In support of his application, he submits a copy of an award certificate for the Bronze Star Medal and a copy of a citation for award of the Bronze Star Medal.

4. The applicant’s records show that he entered active duty on 27 July 1967. He served in Vietnam during the period 16 December 1967 to 13 December 1968. He was honorably separated from active duty on 25 July 1969.

5. The applicant's DD Form 214 does not show the Bronze Star Medal as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. There are no orders in the applicant's service personnel records that support award of the Bronze Star Medal to the applicant.

7. The applicant provided an award certificate for the Bronze Star Medal for meritorious achievement during the period December 1967 to December 1968. This award certificate appears to be authentic and is signed by the major general in command of the 25th Infantry Division.

8. The Board noted that the applicant was eligible for award of the Good Conduct Medal, Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation that are not shown on his discharge document.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

10. 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.

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, at the time of the applicant’s assignment to D Company, 65th Engineer Battalion, 25th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

12. Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

CONCLUSIONS:

1. There are no orders available to the Board that show award of the Bronze Star Medal to the applicant.

2. The Board noted the award certificate for Bronze Star Medal provided by the applicant.

3. Upon review, the Board determined that the award certificate signed by the Division Commander was sufficient in this case for award of the Bronze Star Medal. Therefore, he is entitled to award of the Bronze Star Medal and correction of his records to show this award.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 27 July 1967 through 25 July 1969 based on completion of a period of qualifying service ending with termination of Federal military service. Therefore, he is entitled to correction of his records to show this award.

5. 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 48, dated 1971. Therefore, he is entitled to correction of his records to show this award.

6. The applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. Therefore, he is entitled to correction of his records to show this award.

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



RECOMMENDATION:

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

BOARD VOTE:

___RVO__ ___KWL__ __RTD_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2002072428
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020725
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0014.0000
2.
3.
4.
5.
6.


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