PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 September 2000
         DOCKET NUMBER: AR2002074839


         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:

Ms. Celia L. Adolphi		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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, in effect, correction of his records to show award of the Bronze Star Medal with "V" Device in lieu of the Army Commendation Medal for valor (correctly known as the Army Commendation Medal with "V" Device).

3. The applicant states that the highest medal he received was the "Army Commendation with valor" which should be the "Bronze Medal." He states that he pulled a soldier from "heavy fire fight" and dragged him to safety. The applicant did not submit any documents in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 13 June 1967. He completed infantry training and served in Vietnam from 4 November 1967 through 3 November 1968. The applicant was honorably released from active duty on 12 June 1969.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Bronze Star Medal with "V" Device as an authorized award. His discharge document shows entitlement to the Army Commendation Medal, but does not show the Army Commendation Medal with "V" Device.

6. The applicant’s DD Form 214 does not show the Bronze Star Medal with "V" Device as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with "V" Device, and there is no evidence that he was recommended for award of the Bronze Star Medal with "V" Device. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal with "V" Device. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

7. Headquarters, 1st Infantry Division General Orders Number 10316, dated 28 September 1968, awarded the applicant the Army Commendation Medal for meritorious service during the period November 1967 to September 1968. There is no evidence of record which shows he was awarded the Army Commendation Medal with "V" Device.

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

9. 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 1st Battalion, 26th Infantry, 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 (DAGO) Number 21, dated 1969.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 26th Infantry was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters DAGO Number 53, dated 1970.

11. The applicant's personnel records contain Headquarters, 1st Infantry Division General Orders Number 10506, dated 5 October 1968, which awarded him the first award of the Air Medal for meritorious achievement during the period 19 November 1967 to 22 April 1968.

12. 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 received conduct and efficiency ratings of “excellent” throughout his service.

13. 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.

14. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star 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. The Board considered the applicant's request for award of the Bronze Star Medal with "V" Device in lieu of the Army Commendation Medal with "V" Device.

2. There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with "V" Device.

3. Orders show the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam. There is no evidence of record which shows he was awarded the Army Commendation Medal with "V" Device.

4. Based on the foregoing, the Board concluded that the applicant was awarded the Army Commendation Medal for meritorious service. However, there is no indication that he was recommended for or awarded the Army Commendation Medal with "V" Device. As a result, the Board determined that there was no basis to award the Bronze Star Medal with "V" Device in lieu of the Army Commendation Medal with "V" Device.

5. 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.

6. The applicant was awarded the first award of the Air Medal for meritorious achievement; therefore, his DD Form 214 will be amended to show award of the Air Medal.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 13 June 1967 through 12 June 1969 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 the Good Conduct Medal.

8. 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 Air Medal and the Good Conduct Medal.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

CLA____ JTM_____ MHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Celia L. Adolphi______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074839
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020905
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.