PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002072522


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Melinda M. Darby		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Roger W. Able		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 correction of his records to show all the awards to which he is entitled.

3. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is missing awards that he earned in Vietnam. He believes that his unit received a Meritorious Unit Commendation and a Presidential Unit Citation. He also states that his Vietnam Service Medal has no service stars for the campaigns in which he participated.

4. The applicant’s military records show that he was inducted on 17 January 1966 and completed training as an infantryman. He served in Vietnam in the 9th Infantry Division from 8 June 1966 through 24 June 1967 and served in the 4th Infantry Division from 25 June 1967 through 26 November 1967. The applicant was honorably discharged from active duty on 29 November 1967.

5. The applicant’s DD Form 214 does not show the Meritorious Unit Commendation or the Presidential Unit Citation as authorized awards.

6. 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 3rd Battalion, 60th Infantry, of the 9th Infantry Division, the unit was not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation.

7. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, of the 4th Infantry Division, the unit was not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation.

8. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry, of the 9th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 31, dated 1969, and for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Headquarters Department of the Army General Orders Number 59, dated 1969.

9. Review of the applicant’s records and Appendix B of Army Regulation
600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his service in Vietnam: Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III.

10. The Board also noted the applicant was eligible for award of the first award of the Good Conduct Medal which is not shown on his DD Form 214.
11. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

12. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

13. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15. 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. The regulation also specifies that authorized bronze service stars will be worn on the appropriate service medal which in this case is the Vietnam Service Medal.

16. 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. Department of the Army Pamphlet 672-3 shows the units in which the applicant served in Vietnam were not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned to them. Therefore, there is no basis for correction of the applicant’s records to shows that he is entitled to permanent wear of the Meritorious Unit Commendation or Presidential Unit Citation.
2. The applicant was assigned to the 3rd Battalion 60th Infantry when it was cited for award of 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 award of these foreign unit awards.

3. The applicant participated in three campaigns during his service in Vietnam; therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal and correction of his records to show the Vietnam Service Medal with three bronze service stars.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 January 1966 through 29 November 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars and the first award of the Good Conduct Medal.

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

BOARD VOTE:

__MMD__ __RWA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Melinda M. Darby__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072522
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020820
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.	107.0000.0000
2.
3.
4.
5.
6.