PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002075581


         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. Curtis L. Greenway		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman, Jr.		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 that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be amended to add the Army Good Conduct Medal and the Distinguished Service Medal.

3. The applicant makes no additional statement. He provides his DD Form 214 and an Authorization for Issuance of Awards, DA Form 1577, dated 24 October 1984 as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 10 August 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty 64A (Light Vehicle Driver).

5. On 29 October 1966, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to obey a lawful order not to exchange charge of quarters duties.

6. The applicant arrived in Vietnam and was assigned to U. S. Army Vietnam Headquarters Area Command and attached to Headquarters and Headquarters Detachment, 716th Military Police Battalion and performed duties as a security guard on 23 July 1967. He was reattached to the 527th Military Police Company on 22 February 1968 and performed duties as a security guard.

7. General Orders 1389, Headquarters, U. S. Army Vietnam dated 28 March 1968 awarded the U. S. Army Headquarters Area Command the Unit Commendation for action on 31 January 1968.

8. The applicant departed Vietnam on 14 July 1968 after being credited with four campaigns.

9. The applicant was released from active duty on 16 July 1968 after completing 1 year, 11 months, and 7 days of creditable active service with no lost time. His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Meritorious Unit Citation.

10. On a DA Form 1577 dated 24 October 1984, the applicant was authorized issuance of the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Ribbon with device 1960, and the Meritorious Unit Emblem. He was also informed that he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12. Army Regulation 600-8-2 is the current regulation which prescribes Army policy and criteria concerning individual military awards. It states that the Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U. S. Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility. The performance must be such as to merit recognition for service which is clearly exceptional. Exceptional performance of normal duty will not alone justify an award of this decoration.

13. Army Regulation 600-8-22 states that one bronze service star is authorized for wear on the Vietnam Service Medal for each credited campaign.

14. Department of the Army Pamphlet 672-3 shows that the 716th Military Police Battalion was awarded the Presidential Unit Citation for the period 31 January through 10 February 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the periods 17 April 1965 through 18 April 1968 and 29 January 1966 through 28 March 1973. It shows the 527th Military Police Company was awarded the Meritorious Unit Commendation for the period 1 January through 15 October 1968 on Department of the Army General Orders 48 dated 1969. It states that where a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records.

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 a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

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CONCLUSIONS:

1. Although the applicant has one record of nonjudicial punishment in his record, it was for a minor offense early in his military service. Otherwise, his DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service. He has already been authorized issuance of the Army Good Conduct Medal. It would be appropriate at this point to award him the Army Good Conduct Medal for the period 10 August 1966 through 16 July 1968.

2. There is no evidence of record and the applicant provides none to show he was awarded the Distinguished Service Medal. This decoration is not listed on the provided DA Form 1577.

3. The evidence of record shows the applicant is eligible to wear four bronze service stars on the Vietnam Service Medal.

4. The evidence of record shows the applicant was attached to and present for duty with the 716th Military Police Battalion during a period of time that unit was awarded the Presidential Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation (for a long enough period to have met the eligibility criteria for permanent wear of these unit citations). However, as the Republic of Vietnam Civil Actions Honor Medal, First class, Unit Citations were awarded for a duplicate period of time, only one award is authorized. He was attached to and present for duty with the 527th Military Police Company during a period of time that unit was awarded the Meritorious Unit Commendation (for a long enough period to have met the eligibility criteria for permanent wear of this unit citation). As noted on the DA Form 1557, he is eligible for permanent wear of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards should be added to his DD Form 214.

5. It appears the entry "Meritorious Unit Citation" actually refers to the Unit Commendation awarded to the U. S. Army Headquarters Area Command by Headquarters, U. S. Army Vietnam on 28 March 1968 (since the Meritorious Unit Commendation awarded to the 527th Military Police Company was not awarded until 1969, after the applicant's separation). Since the Unit Commendation is not an official award recognized by Army Regulation 600-8-22, it should not normally be entered on the DD Form 214. However, it will not be deleted. The Meritorious Unit Commendation will be entered in addition to the "Meritorious Unit Citation" entry.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 10 August 1966 through 16 July 1968.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal; the Presidential Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Meritorious Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

3. 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	AR2002075581
SUFFIX
RECON
DATE BOARDED	2002/10/31
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL
REVIEW AUTHORITY
ISSUES 1.	107.0006
2.	107.0056
3.
4.
5.
6.