Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075454C070403
Original file (2002075454C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 SEPTEMBER 2002
         DOCKET NUMBER: AR2002075454


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Melinda M. Darby Member
Mr. Ronald E. Blakely 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Combat Medical Badge, two awards of the Army Commendation Medal, and an Army Good Conduct Medal. He states, in effect, that he believes a "military clerical error" occurred and the awards were omitted from his separation document. He submits no evidence in support of his request.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 28 March 1968. He successfully completed training and in September 1968 was assigned to Vietnam as a medical corpsman with Headquarters and Headquarters Company (HHC) and Company D of the 2nd Battalion, 34th Armor. Prior to departing Vietnam, in August 1969, he was promoted to pay grade E-5 and awarded a Combat Medical Badge and one Army Commendation Medal. Both awards were confirmed in orders issued by the 25th Infantry Division but both awards were omitted from his separation document.

4. Following the applicant's departure from Vietnam he was assigned to Fort Knox, Kentucky and on 27 March 1970 he was released from active duty with an honorable characterization of service. His conduct and efficiency ratings, throughout his military service, were excellent.

5. Army Regulation 600-8-22 states 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

6. Army Regulation 600-8-22 also states that the Army Commendation Medal, an individual decoration, may be awarded to any member of the Armed Forces who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. As with all individual decorations, a recommendation, approval through the chain of command, and announcement in orders is required.

7. As a result of the applicant's service in Vietnam he is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation (one awarded during his assignment with HHC and the second while assigned to Company D), and four bronze service stars on his Vietnam Service Medal denoting participation in four designated campaign periods (Vietnam Counteroffensive Phases V and VI, TET 69 Counteroffensive, Vietnam Summer-Fall-1969). Although his separation document does reflect the Vietnam Service Medal, the other awards were omitted from his separation document.

CONCLUSIONS:

1. The evidence confirms the applicant was awarded the Combat Medical Badge and one Army Commendation Medal. Both awards, however, were omitted from his separation document. There is no evidence, and the applicant has not provided any, that he was awarded a second Army Commendation Medal.

2. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 27 March 1970. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 28 March 1968 through
27 March 1970.

3. The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing that he was awarded the Combat Medical Badge and one Army Commendation Medal;

b. by awarding him the Army Good Conduct Medal for the period
28 March 1968 through 27 March 1970; and

c. by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:

__JHL___ __MMD _ __REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann H. Langston_____
                  CHAIRPERSON




INDEX

CASE ID AR2002075454
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020919
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011173

    Original file (20110011173.txt) Auto-classification: Approved

    Records show he participated in four campaigns during his assignment in Vietnam. This pamphlet shows 1st Battalion, 7th Cavalry, was cited for the following awards at the time of his assignment: * Valorous Unit Award for actions during the period 1-31 October 1967 by Department of the Army General Orders (DAGO) Number 39, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 70, dated 1969 10. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2010 | 20100028316

    Original file (20100028316.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with "V" Device. Therefore, his records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the ARCOM and Vietnam Service Medal from his DD Form 214 and b. adding the Army Commendation Medal with...

  • ARMY | BCMR | CY2007 | 20070001943C071029

    Original file (20070001943C071029.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 July 2007 DOCKET NUMBER: AR20070001943 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. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class...

  • ARMY | BCMR | CY2010 | 20100018384

    Original file (20100018384.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant's records contain the following orders awarding him marksmanship qualification badges: * Special Orders Number 314, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 6 December 1967, awarded him...

  • ARMY | BCMR | CY2011 | 20110011667

    Original file (20110011667.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 1 July 1968. Therefore, in the interest of equity, it would be appropriate to award him the AGCM (1st Award) for the period 1 July 1968 to 8 July 1970 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 1 July 1968 to 8 July...

  • ARMY | BCMR | CY2009 | 20090016156

    Original file (20090016156.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Meritorious Unit Commendation, the Valorous Unit Award, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge...

  • ARMY | BCMR | CY2006 | 20060002712C070205

    Original file (20060002712C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 September 1979 to show the Meritorious Service Medal, three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Gold Star, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation. Department of the Army Pamphlet 672-3...

  • ARMY | BCMR | CY2011 | 20110017648

    Original file (20110017648.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * Purple Heart * Army Good Conduct Medal * Vietnam Service Medal with 2 or 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Any other decorations awarded to his unit while he was in Vietnam 2. His record shows he was awarded the Vietnam...

  • ARMY | BCMR | CY2009 | 20090015612

    Original file (20090015612.txt) Auto-classification: Approved

    The applicant requests that all of his authorized awards to which he is entitled including but not limited to the Army Good Conduct Medal, Combat Medical Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends...

  • ARMY | BCMR | CY2010 | 20100010893

    Original file (20100010893.txt) Auto-classification: Approved

    He served with the 271st Aviation Company from 5 April 1968 through 14 October 1968 as a 67U c. He served with the 271st Aviation Company from 27 June 1969 through 31 October 1970 as a 67U; d. He participated during four campaign periods; e. He was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal (2nd Award) with "V" Device, Army Commendation Medal...