PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002075063


         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:

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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3. The applicant states that the Bronze Star Medal was omitted from his discharge document. In support of his application, he submits a citation for award of the Bronze Star Medal and the signature page of Headquarters, II Field Force General Orders Number 2031, dated 15 August 1969.

4. The applicant’s military records show that he was inducted on 23 January 1968. He served as a light vehicle driver in Vietnam from 12 June 1968 through 25 August 1969 and was honorably released from active duty on 27 August 1969.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.

6. There are no orders for the Bronze Star Medal in the applicant’s service personnel records. However, the applicant provided a citation for the Bronze Star Medal for meritorious service during the period June 1968 to August 1969 in Vietnam.

7. The applicant also provided the signature page of Headquarters, II Field Force General Orders Number 2031, dated 15 August 1969. This page does not indicate what award was authorized to the applicant; however, it does state that the award was for the period June 1968 to August 1969.

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

9. 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.

10. 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 1 March 1968 to 31 May 1969 by Department of the Army General Orders Number 39, dated 1970. The applicant’s unit was also cited for the Meritorious



Unit Commendation for actions during the period 1 June 1969 to 31 July 1970 by Department of the Army General Orders Number 43, dated 1972. These awards are not shown on the applicant’s discharge document.

11. 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 8, dated 1974. This award is not shown on his discharge document.

12. 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 37, dated 1970. This award is not shown on his discharge document.

13. Army Regulation 600-8-22 (Military Awards) 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. 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. A silver service star is authorized in lieu of five bronze service stars.

15. 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 applicant’s service personnel records do not contain orders for the Bronze Star Medal.





2. In support of his claim for award of the Bronze Star Medal, the applicant provided a copy of a citation for award of the Bronze Star Medal for meritorious service during the period June 1968 to August 1969 in Vietnam.

3. The applicant also provided the signature page of Headquarters, II Field Force General Orders Number 2031, dated 15 August 1969, which shows that he received an award for the period June 1968 to August 1969.

4. Upon review, the Board determined that the citation for award of the Bronze Star Medal for meritorious service during the period June 1968 to August 1969 in Vietnam and the partial general orders for a service award for the period June 1968 to August 1969 are sufficient as a basis for award of the Bronze Star Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.

5. 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.

6. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 23 January 1968 through 27 August 1969 ending with termination of a period of Federal military service. Therefore, his records should be corrected to show this medal.

7. The applicant’s unit received two awards of 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 discharge document to show these awards.

8. 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 that the individual concerned was awarded the Bronze Star Medal, the Vietnam Service Medal with one silver service star, the first award of the



Good Conduct Medal, two awards of 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.

BOARD VOTE:

JLP____ MHM____ JEA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075063
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0000
3.
4.
5.
6.