PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002063360


         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. Margaret K. Patterson		Chairperson
Mr. Harry B. Oberg		Member
Mr. Christopher J. Prosser		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 records to show award of the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal and the Army Commendation Medal with "V" Device.

3. The applicant states that the above cited awards were not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted on 19 October 1967 and completed training as an infantryman. He served in Vietnam from 28 September 1968 through 14 July 1969. The applicant was honorably discharged from active duty on 18 July 1969.

5. The applicant’s DD Form 214 does not show award of the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal or the Army Commendation Medal with "V" Device.

6. The applicant’s DD Form 214 was corrected by a DD Form 215 (Correction to DD Form 214), dated 2 April 2002, to show award of the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge and the Sharpshooter Marksmanship Badge with Rifle Bar.

7. The applicant’s records show that he was awarded the Combat Infantryman Badge by 1st Infantry Division Special Orders 305, dated 31 October 1968. Since the applicant’s DD Form 214 has been corrected to show the Combat Infantryman Badge, it will not be discussed further in these proceedings.

8. There are no orders in the applicant’s personnel records which show he was awarded the Purple Heart. However, the applicant provided a copy of an award certificate for the Purple Heart which shows that he was wounded as a result of hostile action on 29 November 1968. His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he sustained fragmentation wounds to the left shoulder on 28 November 1968. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he was awarded the Purple Heart by 1st Infantry Division General Orders Number 1272, dated 4 December 1968. Since the applicant’s DD Form 214 has been corrected to show this award of the Purple Heart, it will not be discussed further in these proceedings.

9. The applicant’s personnel records contain a copy of 1st Infantry Division General Orders Number 9465, dated 26 August 1969 which awarded him the Bronze Star Medal for meritorious service from September 1968 to July 1969. This award is shown on the applicant’s DD Form 215.

10. The applicant provided a copy of 1st Infantry Division General Orders Number 10100, dated 7 September 1969 which awarded the applicant the Bronze Star Medal with "V" Device for his heroism on 24 May 1969. This is a second award of the Bronze Star Medal, which is incorrectly identified and is not shown on the applicant’s DD Form 214 or DD Form 215.

11. The applicant provided a copy of 1st Infantry Division General Orders Number 4013, dated 18 May 1969, which awarded him the Army Commendation Medal with "V" Device for his heroism on 28 November 1968. This award is not shown on the applicant’s DD Form 214 or DD Form 215.

12. Review of the applicant’s records further reveals eligibility for award of four bronze service stars to be worn on his Vietnam Service Medal, the first award of the Good Conduct Medal, two awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The awards are not shown on the applicant’s DD Form 214 or on his DD Form 215.

13. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in four campaigns, specifically Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.

14. 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.

15. 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 the unit, to which the applicant was assigned, the 2d Battalion of the 2nd Infantry, was cited for award of the Valorous Unit Award for actions during 28-29 November 1968 by Department of the Army General Orders Number 5, dated 1970. While the applicant was still assigned to the 2d Battalion of the 2nd Infantry, the unit was cited for a second award of the Valorous Unit Award by Department of the Army General Orders Number 50, dated 1971, for actions during the period 23 May to 25 May 1969. The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2d Battalion of the 2d Infantry, 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 2, dated 1971.

17. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2d Battalion of the 2d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

18. 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. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

19. 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.

20. 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. General Orders show the applicant was awarded a Bronze Star Medal for service followed by a Bronze Star Medal with “V” Device. Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

2. General Orders show the applicant was awarded the Army Commendation Medal with "V" Device; therefore, he is entitled to correction of his records to show this award.

3. The applicant served in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal and correction of his records to show award of the Vietnam Service Medal with four bronze service stars.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 19 October 1967 through 18 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. General Orders show that the unit to which the applicant was assigned was cited twice for award of the Valorous Unit Award. Therefore, the applicant is entitled to correction of his records to show award of the Valorous Unit Award (First Oak Leaf Cluster).

6. General Orders show that the unit to which the applicant’s was assigned 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 the foreign unit awards.

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 (First Oak Leaf Cluster) with "V" Device, the Army Commendation Medal with "V" Device, the Vietnam Service Medal with four bronze service stars, the first award of the Good Conduct Medal, the Valorous Unit Award (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__HBO__ __CJP__ __MKP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Margaret K. Patterson__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002073360
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020829
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	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.