PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002075427


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Charmane Collins		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.

---

2. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam, to show award of the Bronze Star Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He also requests that the Army Board for Correction of Military Records (ABCMR) determine if award of the Bronze Star Medal with "V" Device and the personal award of the Republic of Vietnam Gallantry Cross with Bronze Star are documented in his Official Military Personnel File (OMPF) [formerly known as "TAGO records"].

3. The applicant states, in effect, that his records are in error due to an administrative oversight.

4. In support of his application, he submits copies of the following documents: (1) his DD Form 214; (2) orders awarding him the Bronze Star Medal; (3) orders awarding him the Army Commendation Medal; (4) his DA Form 20 (Enlisted Qualification Record); (5); extracts from the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register); (6) a letter from the National Personnel Records Center, dated May 2, 2002; (7) his Report of Medical History; (8) his Report of Medical Examination; (9) his Immunization Record; (10) his Enlistment Record; (11) his discharge orders from U.S. Army Control Group (Standby); (12) a letter from the applicant to the Department of Veterans Affairs; and (13) a letter from the Department of Veterans Affairs in Tuscaloosa, Alabama.

5. The applicant’s military records show that he enlisted in the Regular Army on 18 October 1966 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 11B (light weapons infantryman). He served in Germany from 17 January 1966 to 27 February 1968 and Vietnam from 23 March 1968 through 21 March 1969. The applicant was honorably released from active duty on 2 September 1969.

6. The applicant's DD Form 214 does not show any foreign service in item 22c. His discharge document shows authorized awards for service in Vietnam.

7. The applicant's DA Form 20 shows he served in Vietnam from 23 March 1968 through 21 March 1969, which is a period of 12 months.

8. Item 38 (Record of Assignments) on his DA Form 20 shows he was assigned to Company B, 1st Battalion (Airborne), 505th Infantry from 3 April 1968 to 5 January 1969 and the 101st Airborne Division from 24 January 1969 through 21 March 1969 in the Republic of Vietnam.

9. The applicant's DA Form 20 shows he served in Germany from 17 January 1968 through 27 February 1968, which is a period of 1 month and 11 days.
10. The applicant provided a copy of Headquarters, 3rd Brigade, 82nd Airborne Division General Orders Number 61, dated 11 January 1969. These orders awarded him the Bronze Star Medal for meritorious service for the period 28 March 1968 to 28 November 1968.

11. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that the applicant’s unit, the 1st Battalion, 505th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 6 October 1968 to 11 November 1969 by Headquarters Department of the Army General Orders (DAGO) Number 43, dated 1970.

12. Department of the Army Pamphlet 672-3 also shows that the applicant's unit, the 101st Airborne Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 19 July 1968 to 14 May 1969 by Headquarters DAGO Number 43, dated 1970.

13. Department of the Army Pamphlet 672-3 shows that, while the applicant was still assigned to the 1st Battalion, 505th Infantry, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 12 March to 4 October 1968 by Headquarters DAGO Number 48, dated 1971.

14. Department of the Army Pamphlet 672-3 shows that, while the applicant was still assigned to the 101st Airborne Division, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period February 1968 to 2 May 1970 by Headquarters DAGO Number 48, dated 1971.

15. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal with "V" Device. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal "V" Device. His DA Form 20 does not list the Bronze Star Medal with "V" Device in item 41 (Awards and Decorations).

16. There is no evidence available to the Board which shows the applicant was authorized to accept or to wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. The applicant did not provide a copy of the citation or letter authorizing him to receive and to wear the Republic of Vietnam Gallantry Cross with Bronze Star.

17. A review of the applicant's personnel records revealed that he is eligible for award of the Good Conduct Medal which is not shown on his discharge document.

18. 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.

19. Army Regulation 635-5, in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered in item 22c (Foreign and or Sea Service). The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

20. Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

21. 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.

22. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

23. 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 Enlisted Qualification Record shows he served in Vietnam from 23 March 1968 through 21 March 1969 (a period of 12 months) and in Germany from 17 January 1968 through 27 February 1968 (a period of 1 month and 11 days). Therefore, he is entitled to correction of his DD Form 214 to show he completed 1 year, 1 month and 11 days of foreign service in item 22c.

2. Orders show the applicant was awarded the Bronze Star Medal for meritorious service during the period 28 March 1968 to 28 November 1968. Therefore, his DD Form 214 will be corrected to show this award.

3. Evidence of record shows that, at the time of the applicant's assignment to the 1st Battalion, 505th Infantry and the 101st Airborne Division, these units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his records to show these awards.

4. Evidence of record shows that, at the time of the applicant's assignment to the 1st Battalion, 505th Infantry and the 101st Airborne Division, these units were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correction of records to show these awards.

5. The Board considered the applicant's request for the ABCMR to determine if award of the Bronze Star Medal with "V" Device and the personal award of the Republic of Vietnam Gallantry Cross with Bronze Star are documented in his OMPF.

6. There is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with "V" Device. Therefore, there is no basis for correcting his records to show award of the Bronze Star Medal with "V" Device.

7. There is no evidence of record which shows the applicant was authorized to accept or to wear the Republic of Vietnam Gallantry Cross with Bronze Star. Therefore, there is no basis for correcting his records to show a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star.

8. The applicant is entitled to the first award of the Good Conduct Medal for the period 18 October 1966 through 2 September 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.

9. 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:

a. by amending item 22c (Foreign and/or Sea Service) on the DD Form 214 of the individual concerned to show "1 year, 1 month and 11 days"; and

b. by showing he was awarded the Bronze Star Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Good Conduct Medal.

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

BOARD VOTE:

FNE____ JEA_____ CC______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002075427
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021203
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.