PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002075031


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Eric N. Andersen		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, five awards of the bronze service star to be affixed to his Vietnam Service Medal, the Air Medal and the Good Conduct Medal.

3. The applicant states, in effect, that he should have received these awards and decorations. In support of his application, he submits an attachment; a copy of his DD Form 214; a letter, dated 4 June 2002, in support of his claim for award of the Good Conduct Medal; a letter of explanation, dated 4 May 2002; a copy of his DA Form 20 (Enlisted Qualification Record); and orders for the Bronze Star Medal.

4. The applicant’s military records show that he enlisted on 18 July 1966 for a period of 3 years. He served as a light weapons infantryman in Vietnam from
1 December 1967 through 23 November 1968 and was honorably released from active duty on 20 July 1969.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, 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 five bronze service stars, the Air Medal or the Good Conduct Medal as authorized awards.

6. 101st Airborne Division General Orders Number 9031, dated 5 November 1968, show the applicant was awarded the Bronze Star Medal for meritorious service during the period 1 January 1968 to 31 August 1968 in Vietnam.

7. 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, was cited for award of the Presidential Unit Citation for actions during the period 13 June 1968 to 23 September 1968 by Department of the Army General Orders Number 38, dated 1971.

8. 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, was cited for award of the Valorous Unit Award for actions during 16-22 March 1968 by Department of the Army General Orders Number 22, dated 1976.

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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 14 March 1968 to 3 October 1968 by Department of the Army General Orders Number 22, dated 1976.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 21, dated 1969.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also 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 59, dated 1969.

12. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized awards. The applicant’s records show that he participated in five campaigns during his assignment in Vietnam.

13. There are no flight hours recorded in the applicant’s service personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

14. There is no evidence the applicant received the first award of the Good Conduct Medal. However, his DD Form 214 shows that he had 3 days of lost time during his enlistment.

15. The applicant provided a letter in support of his claim for award of the Good Conduct Medal, dated 4 June 2002, from his company commander at the time in question. In summary, the company commander states the applicant had 3 days of lost time during his enlistment, that there was a bar to reenlistment that went unchallenged at the time of his separation and that the applicant made up 2 of the lost days at the end of his enlistment. He also states that the applicant served as an infantryman rising to the rank of sergeant and the head of a squad in a rifle platoon, in combat, in Vietnam. He points out that from the time of entry into military service to and including his combat tour in Vietnam the applicant received excellent conduct and efficiency ratings with a fair rating given during his last 6 months of service, that he had no reduction in rank during his service nor record of nonjudicial punishment, and that he was an outstanding soldier and performed his duties both in and out of combat in an exemplary manner at all times.

16. Army Regulation 600-8-22 (Military Awards), 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. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18. 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. The regulation also states that a bar to reenlistment is a disqualification for the Army Good Conduct Medal.

CONCLUSIONS:

1. The applicant received the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2. The applicant’s unit was cited for award of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

4. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

5. There are no orders for the first award of the Good Conduct Medal in the applicant’s service personnel records. The Board noted that the applicant had
3 days of lost time and that he made up 2 of the 3 lost days at the end of his enlistment. The Board also noted the letter provided by the applicant’s company commander at the time in question wherein he mentions that the applicant had a bar to reenlistment that went unchallenged at the time of his separation. However, the governing regulation states that a bar to reenlistment is a disqualification for award of the Good Conduct Medal. Therefore, there is no basis for granting the applicant’s request for award of the Good Conduct Medal.
6. 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 that the individual concerned was awarded the Bronze Star Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Service Medal with one silver service star.

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

BOARD VOTE:

MHM___ ENA____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075031
SUFFIX
RECON
DATE BOARDED	20021105
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.