PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002075110


         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. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman		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 Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation and the Meritorious Unit Commendation.

3. The applicant states that these awards were left off of his discharge document upon leaving Vietnam and upon his discharge from the Army. In support of his application, he submits a copy of his DD Form 214; his DA Form 20 (Enlisted Qualification Record); orders for the Army Commendation Medal and orders for the Bronze Star Medal.

4. The applicant’s military records show that he was inducted on 22 May 1968. He served as a chemical equipment repairman in Vietnam from 4 October 1969 through 7 April 1970 and was honorably released from active duty on 8 April 1970.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation or the Meritorious Unit Commendation as authorized awards.

6. There is no evidence the applicant received the first award of the Good Conduct Medal. His records contain one nonjudicial punishment for violating curfew; however, it appears that his chain of command did not consider this indiscipline disqualifying as evidenced by his conduct and efficiency ratings of “excellent” throughout his service.

7. Headquarters 1st Infantry Division General Orders Number 5022, dated
24 March 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement for the period 4 February 1970 to 15 March 1970.

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

9. 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.

10. Department of the Army Pamphlet 672-3 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 53, dated 1970.

11. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was not cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it.

12. Army Regulation 600-8-22 (Military Awards) 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.

13. 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.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

CONCLUSIONS:

1. The Board determined that the applicant is entitled to the first award of the Good Conduct Medal for the period 22 May 1968 through 8 April 1970 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 DD Form 214 to show this award.

2. The applicant received the Army Commendation Medal for meritorious achievement for the period 4 February 1970 to 15 March 1970. Therefore, he is entitled to correction of his DD Form 214 to show this medal.

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 two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant’s unit received 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 citations.

5. The Board noted the applicant’s contention that he is entitled to award of the Presidential Unit Citation and the Meritorious Unit Commendation. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention. Evidence of record shows the applicant’s unit was not cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it. Therefore, there is no basis for granting the applicant’s request for these unit awards.

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 first award of the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.









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

BOARD VOTE:

CLG____ RKS____ DPH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Curtis L. Greenway______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075110
SUFFIX
RECON
DATE BOARDED	20021031
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.