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ARMY | BCMR | CY2002 | 2002077499C070215
Original file (2002077499C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                 
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002077499


         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
Mr. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Ms. Tracey L. Pinson 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 records be corrected to show that he was authorized the Presidential Unit Citation.

3. The applicant states, in effect that his record should accurately reflect all of his awards.

4. The applicant’s military records show that he was inducted and entered active duty on 14 December 1965. He completed training as a indirect fire (mortar) infantryman and served in Vietnam with A Company, 2nd Battalion, 12th Infantry, 4th Infantry Division from 22 September 1966 to 30 April 1967 and with C Company, 3rd Battalion, 39th Infantry, 9th Infantry Division from 1 May 1967 to 15 September 1967. On 10 September 1967 he was separated with an honorable characterization of service and transferred to the Army Reserve in pay grade E-4. His conduct and efficiency ratings were excellent throughout his military service and there is no discreditable evidence of record.

5. His DD Form 214 (Report of Transfer of Discharge) reflects his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal and the Combat Infantryman Badge.

6. Orders contained in his records show that he was also awarded the Expert Badge with Rifle, Grenade and Mortar Bars and the Marksman Badge with Pistol Bar.

7. 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. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 2nd Battalion, 12th Infantry was cited for award of the Presidential Unit Citation for action on 21 March 1967.

8. DA Pamphlet 672-3 also shows that the 2nd Battalion, 12th Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period from October 1966 to 1 August 1967 and the 3rd Battalion, 39th Infantry was awarded the RVN Civil Actions Honor Medal First Class for the period 19 December 1966 to 28 June 1969.


9. Army Regulation 600-8-22 also 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. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying. 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 non-favorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20 (Enlisted Qualification Record).

10. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Counteroffensive Phase II, beginning 1 July and ending 31 May 1967; and Counteroffensive Phase III, ending on 29 January 1968.

CONCLUSIONS:

1. The applicant's unit was awarded the Presidential Unit Citation.

2. He is also authorized the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class and two bronze service stars for wear on the Vietnam Service Medal.

3. The applicant was authorized the Expert Badge with Rifle, Grenade and Mortar Bars and the Marksman Badge with Pistol Bar.

4. He distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service as evidenced by his conduct and efficiency ratings and his offense free record of service. He should be awarded the Good Conduct Medal.

5. All of the above awards should be shown on his DD Form 214.


6. In view of the foregoing, correcting the applicant’s records as recommended below will correct errors and rectify injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the authorized awards of the individual concerned consist of the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the RVN Service Medal, the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class, the Combat Infantryman Badge, the Expert Badge with Rifle, Grenade and Mortar Bars and the Marksman Badge with Pistol Bar.

BOARD VOTE:

__KAK___ __MHM_ ___TLP _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Karol A. Kennedy____
                  CHAIRPERSON




INDEX

CASE ID AR2002077449
SUFFIX
RECON
DATE BOARDED 20030128
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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