PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002073562


         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. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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 award of the Bronze Star Medal (BSM).

3. The applicant makes no additional statement. As supporting evidence he provides a copy of the recommendation for the BSM and a copy of a letter from the 149^th Light Maintenance Company regarding the BSM recommendation.

4. The applicant’s military records show that he was inducted into the Army of the United States for 2 years. He completed the required training and was awarded military occupational specialty 44C20 (welder). The highest pay grade he achieved was pay grade E-5.

5. On or about 5 October 1967, the applicant arrived in the Republic of Vietnam
(RVN). The applicant’s official military personnel record shows that he extended his tour in the RVN for six months. His DA Form 20 (Enlisted Qualification Record) shows that he was assigned to three different units during his tenure in the RVN. He was assigned to the 628^th Maintenance Company from October 1968 through January 1969, the 149^th Maintenance Company from January 1969, and to the 510^th Engineer Company from December 1969 through June 1970.

6. On 29 June 1970, the applicant was released from active duty and transferred to the U. S. Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows as authorized awards the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, the Army Commendation Medal, the Expert Badge with rifle bar (M-14), and three Overseas Service Bars. It does show the BSM as an authorized award.

7. The applicant provides a copy of a letter from the 149^th Maintenance Company regarding the status of the BSM recommendation. The applicant also provides a copy of USARV Form 157-R (Recommendation for Decoration for Valor or Merit), which recommended him for the award of the BSM for the period 4 October 1968 to 26 January 1970.

8. A copy of the same recommendation is filed in the applicant’s personnel record. The recommendation for the award of the BSM was submitted by the Commander, of the 62^nd Maintenance Battalion, through the Commander, of the 45^th General Support Group, to the Commander, U. S. Army Support Command, QUI NHON.

9. Headquarters, U. S. Army Support Command, QUI NHON, published General Orders 266, dated 10 March 1970, awarded the applicant the Army Commendation Medal (ARCOM) for the period October 1968 to January 1970.

10. The Awards Branch at the U. S. Total Army Personnel Command could not locate BSM orders pertaining to the applicant.

11. A review of the historical files of the 510^th Engineer, the 62^nd Maintenance Battalion, the 45^th General Support Group, and the U. S Army Support Command, QUI NHON at the National Archives, College Park, MD failed to show the applicant’s entitlement to the award of the BSM.

12. The applicant’s record shows that he served in the RVN from 5 October 1968 through 28 June 1970 serving through six campaigns – the Vietnam Counteroffensive, Phase V from 1 July 1968 through 1 November 1968, the
Vietnam Counteroffensive, Phase VI from 2 November 1968 through
22 February 1969, the Tet 69 Counteroffensive, 1969 from 23 February 1969
through 8 June 1969, the Vietnam Summer-Fall, 1969 from 9 June 1969 through 31 October 1969, the Vietnam Winter-Spring, 1970 from 1 November 1969 through 30 April 1970, and the DA Sanctuary Counteroffensive from 1 May 1970 through 30 June 1970.

13. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His record also shows that the applicant participated in six campaigns during his assignment in the RVN. His participation in six campaigns entitled him to the award of one silver service star and one bronze service star. However, these awards are not reflected on the applicant’s DD Form 214.

14. There is no indication in the applicant’s personnel record that shows he was awarded the Army Good Conduct Medal (AGCM). There is no evidence that the applicant was disqualified by his unit commander for the AGCM. His record shows that he received excellent conduct and efficiency ratings during his entire period of service. There is no evidence of derogatory information contained in the available record.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 149^th Maintenance Company was award the Meritorious Unit Commendation for the period 1September 1969 –
31 March 1970, Department of the Army General Orders 2, dated 1971.

16. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,
U. S. Military Assistance Command and its subordinate units during the period
8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army
Vietnam and its subordinate units during the period 20 July 1965 to 28 March
1973.

17. Army Regulation 600-22-8 provides, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

18. Army Regulation 600-22-8 also provides, in pertinent part, that the AGCM is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 or less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1. The evidence available to the Board shows that the applicant was recommended for the award of the BSM. However, based upon the approval authority it was downgraded to the ARCOM.

2. The applicant met the eligibility requirements for the first award of the AGCM for the period 27 November 1967 through 29 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

3. The evidence of record shows that the applicant was assigned to a unit during a period of time that the unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4. 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 applicant the AGCM for the period 27 November 1967 through 29 June 1970.

2. Amending the applicant’s DD Form 214, to reflect the AGCM, the Vietnam Service Medal with one silver service star and one bronze service star, the
Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

__JLP__ __MHM__ __JEA __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Irene N. Wheelwright___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073562
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/10/08
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	PARTIAL RELIEF
REVIEW AUTHORITY
ISSUES 1.	107.0025
2.
3.
4.
5.
6.