PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002075571


         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. Nancy L. Amos		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.

---

2. The applicant requests, in effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he was awarded the Meritorious Service Medal (MSM) with 1st oak leaf cluster and 6 overseas bars.

3. The applicant states that he served 3 years in Vietnam and he was awarded the MSM with 1st oak leaf cluster. He provides no supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 14 December 1966.

5. The applicant first served in Vietnam from on or about 20 August 1967 through on or about 28 October 1969 (26 months). General Orders 822, Headquarters, 1st Cavalry Division (Airmobile), dated 19 January 1969 awarded him the Bronze Star Medal (BSM) for the period August 1967 to February 1969. General Orders 11450, Headquarters, 1st Cavalry Division (Airmobile) dated 19 September 1969 awarded him the BSM with 1st oak leaf cluster for the period March to October 1969. General Orders 14363, Headquarters, 1st Cavalry Division (Airmobile) dated 16 November 1969 awarded him the Air Medal first through 39th oak leaf cluster.

6. The applicant served again in Vietnam from on or about 3 November 1970 through on or about 4 November 1971 (12 months). General Orders 2267, Headquarters 3d Brigade (Separate), 1st Cavalry Division (Airmobile) dated 17 November 1971 awarded him the Army Commendation Medal (ARCOM).

7. The applicant was credited with a total of 9 Vietnam campaigns. He was assigned to the 229th Aviation Battalion for the whole of both Vietnam tours.

8. The applicant served two normal unaccompanied tours in Germany -- from on or about 23 October 1973 through 29 October 1975 and from on or about 18 April 1977 through 11 April 1979.

9. The applicant completed the Advanced Noncommissioned Officer Course (ANCOC) in 1980.

10. In July 1984, the applicant was recommended for award of the MSM; however, the recommendation was downgraded to award of the ARCOM (1st oak leaf cluster). Permanent Orders 177-5, Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart dated 24 September 1984 awarded him the ARCOM 1st oak leaf cluster for the period 9 May 1979 to 5 September 1984.

---

11. Permanent Orders 51-1, Headquarters, U. S. Army Criminal Investigation Command dated 19 November 1987 erroneously awarded the applicant the MSM 1st oak leaf cluster for the period 21 September 1984 to 12 November 1987, the period he served a normal overseas tour with the U. S. Army Criminal Investigation Laboratory - Pacific in Japan. (It was erroneous because his previous recommendation for the award of the MSM had been downgraded.)

12. The applicant retired on 1 December 1988. His DD Form 214, item 13 for the period ending 31 December 1988 shows he was awarded "National Defense Service Medal-1//Vietnam Service Medal-1//Vietnamese Cross Gallantry with Palm//Overseas Service Ribbon-2//Overseas Service Bars-2//Aircraft Crewman Badge//Army commendation Medal-1//Army Service Ribbon//Bronze Star Medal-1//Army Achievement Medal-1//Noncommissioned Officer's Professional Development Ribbon-3//(See item 18)."

13. The applicant's DD Form 214, item 18 continues his awards with "…Army Good Conduct Medal-6//…Rifle M16 Expert Qualification Badge//Rifle M16: AM/AM-39//…"

14. Two general orders awarding the applicant the Army Good Conduct Medal are in his file -- General Orders 1868, Headquarters, U. S. Army, Europe and Seventh Army dated 16 April 1975 (awarding him the Army Good Conduct Medal for the period 14 December 1969 to 13 December 1972) and General Orders 210, Headquarters, U. S. Army Field Artillery Center and Fort Sill dated 21 January 1974 (awarding him the Army Good Conduct Medal third award for the period 14 December 1972 to 13 December 1975). His Enlisted Qualification Record, DA Form 20, showed that his conduct and efficiency were rated as excellent throughout the time those ratings were used. His Personnel Qualification Record, DA Form 2-1, item 27 (Remarks) does not contain any information indicating he was ever disqualified from award of any Army Good Conduct Medal and item 9 (Awards, Decorations & Campaigns) shows he was awarded the Army Good Conduct Medal 6th award.

15. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform. In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.

16. Army Regulation 600-8-2 prescribes Army policy and criteria concerning individual military awards. It states that one bronze service star is authorized for

---

wear with the Vietnam Service Medal for each credited campaign. A silver star is worn instead of five bronze service stars.

17. Army Regulation 600-8-22 states that effective 1 August 1981 the Overseas Service Ribbon is awarded to those personnel who are credited with a normal overseas tour completion not recognized with another U. S. service medal. It may be awarded retroactively. Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

18. Army Regulation 600-8-22 states that the Noncommissioned Officer Professional Development Ribbon (NPDR) is awarded to soldiers for successful completion of designated NCO professional development courses. The NPDR consists of the basic ribbon with numeral devices of 2, 3, or 4 which signify satisfactory completion of the respective levels of NCO professional development course. Numeral 3 is worn when ANCOC has been successfully completed.

19. Army Regulation 600-8-22 states that numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

20. Army Regulation 600-8-22 provides that the Army 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 normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by the current commander.

21. Department of the Army Pamphlet 672-3 shows that the 229th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972. It was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded only one MSM. He had been recommended for the MSM basic in 1984; however, that recommended award had been downgraded to the ARCOM (1st oak leaf cluster). Therefore,
Permanent Orders 51-1, which erroneously awarded him the MSM 1st oak leaf cluster for the period 21 September 1984 - 12 November 1987, should be amended to read award of the basic MSM.

---

2. The applicant's DD Form 214 should have read that he was awarded 6, not 2, overseas service bars. He served in Vietnam for 38 months over two tours and is eligible for one overseas service bar for each 6-month period.

3. There are additional errors on the applicant's DD Form 214 for the period ending 31 December 1988 regarding his awards and decorations. It appears the servicing installation preparing the form intended the number by the listed award to mean how many of that particular decoration the applicant was authorized. However, there is some confusion because they entered an incorrect number by some of the awards (such as the ARCOM).

4. The evidence of record shows the applicant was awarded the ARCOM 1st oak leaf cluster. It shows he was awarded the BSM with 1st oak leaf cluster. He completed three normal overseas tours not otherwise recognized by a service medal and so is entitled to wear the Overseas Service Ribbon with numeral 3. He is entitled to wear one silver service star and four bronze service stars on the Vietnam Service Medal. He is entitled to wear the NPDR with numeral 3.

5. The applicant's DA Form 2-1 shows he was awarded six awards of the Army Good Conduct Medal. Only two of the related orders are available and they do not appear to be correct (General Orders 210 appear to be for the second award but does not indicate so and also cover only a 2 year, 11 month, and 29 day period; General Orders 1868 cover only a 2 year, 11 month, and 29 day period). In addition, he served for over 22 years of continuous active duty and could normally have been eligible for award of seven Army Good Conduct Medals. There is no evidence of record to show that he was disqualified for award of any Army Good Conduct Medal. It appears that he should have been awarded all seven awards of the Army Good Conduct Medal.

6. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class.

7. To correct the errors on the applicant's DD Form 214 for the period ending 31 December 1988 regarding his awards and decorations and in the interest of clarity, all listed awards should be deleted and re-entered correctly.

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

---

RECOMMENDATION:

1. That Permanent Orders 51-1, Headquarters, U. S. Army Criminal Investigation Command dated 19 November 1987 be amended to show the applicant was awarded the (basic) MSM for the period 21 September 1984 to 12 November 1987.

2. That General Orders 1868, Headquarters, U. S. Army, Europe and Seventh Army dated 16 April 1975 and General Orders 210, Headquarters, U. S. Army Field Artillery Center and Fort Sill dated 21 January 1974 as pertain to the applicant be revoked.

3. That the applicant be awarded the Army Good Conduct Medal (1st award) for the period 14 December 1966 through 13 December 1969; the Army Good Conduct Medal (2nd award) for the period 14 December 1969 through 13 December 1972; the Army Good Conduct Medal (3d award) for the period 14 December 1972 through 13 December 1975; the Army Good Conduct Medal (4th award) for the period 14 December 1975 through 13 December 1978; the Army Good Conduct Medal (5th award) for the period 14 December 1978 through 13 December 1981; the Army Good Conduct Medal (6th award) for the period 14 December 1981 through 13 December 1984; and the Army Good Conduct Medal (7th award) for the period 14 December 1984 through 13 December 1987.

4. That the applicant's DD Form 214 for the period ending 31 December 1988 be amended:

a. to delete all award and decoration entries; and

b. to show he was authorized one award of the Meritorious Service Medal, the National Defense Service Medal; the Vietnam Service Medal with one silver service star and four bronze service stars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; three awards of the Overseas Service Ribbon; six Overseas Service Bars; the Aircraft Crewman Badge; two awards of the Army Commendation Medal; the Army Service Ribbon; two awards of the Bronze Star Medal; 39 awards of the Air Medal; one award of the Army Achievement Medal; the Noncommissioned Officer Professional Development Ribbon with numeral 3; seven awards of the Army Good Conduct Medal; and the Expert Qualification Badge with rifle bar.

---

5. 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

---

INDEX

CASE ID	AR2002075571
SUFFIX
RECON
DATE BOARDED	2002/11/05
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.