PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002078032


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Elzey J. Arledge, 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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to add the Air Medal (AM) and the Republic of Vietnam Gallantry Cross with Bronze Star.

3. The applicant states, in effect, that these awards are missing from his DD Form 214. The applicant further states that he is presently pursuing a claim with the VA (Department of Veterans Affairs) and it is his belief that correction of his
DD Form 214 can strengthen his claim.

4. The applicant submits the following to support his contentions: a copy of a certificate awarding him the AM and a copy of an undated letter from the Office of The Adjutant General, Subject: Presentation of Award - Vietnamese, authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star, an individual foreign award.

5. The applicant’s military records show that he was inducted into the Army of the United States on 26 October 1967. He received his basic combat training at Fort Benning, Georgia, and his advanced individual training at Fort Polk, Louisiana. Upon completion of all required military training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and transferred to the Republic of Vietnam.

6. On 9 April 1968, he arrived in the Republic of Vietnam and was assigned to A Company, 2^nd Battalion, 60^th Infantry Regiment of the 9^th Infantry Division. The applicant was reassigned to C Company in the same battalion on 1 May 1968. He was again reassigned within the same battalion to E Company on 25 October 1968. On 20 December 1968 he was reassigned further to B Company and finally on 19 February 1969 he was returned to E Company to complete his Vietnam tour of duty. The applicant departed Vietnam on 8 April 1969.

7. While in Vietnam, the applicant was present and participated in the following campaigns: the Vietnam Counteroffensive, Phase IV, which extended from
2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, which extended from 23 February through
8 June 1969.

8. The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star, an individual award. Authority for its acceptance and wear was extended by The Adjutant General on 11 June 1969; however, it was not posted to Item 41 (Awards and Decorations), DA Form 20 (Enlisted Qualification Record), and it was not included in the applicant's DD Form 214 on his release from active duty.

9. Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows that he qualified as a marksman with the M-16 (Automatic Rifle) and the M-60 Machinegun on 2 and 8 February 1968, respectively. These qualifications in arms are not shown on his DD Form 214.

10. A search of archived consolidations of General Orders published by the 9^th Infantry Division during the Vietnam War era was conducted. General Orders awarding the Air Medal to the applicant were not found. The applicant submitted neither the orders nor a copy of the certificate, both of which have a signature and a date, and are the instruments upon which entries on the DD Form 214 and other records are based.

11. After completing his overseas tour in Vietnam, the applicant was reassigned to the US Army Military Police School, Fort Gordon, Georgia, to complete his active duty service obligation. He was honorably released from active duty on
24 October 1969 in the rank and pay grade of Sergeant, E-5, with 1 year,
11 months and 29 days active Federal military service. The applicant's DD
Form 214, Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows his entitlement to the following awards and decorations: the Army Commendation Medal with 1 Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and an unspecified Vietnam Unit Citation.

12. The applicant was transferred to the US Army Reserve Control Group (Annual Training) to complete his military service obligation. He was honorably discharged from the US Army Reserve on 1 October 1973 at the expiration of his term of service.

13. The applicant's conduct and efficiency were consistently rated as "excellent" throughout his service. There is no evidence of indiscipline that would disqualify him from award of the GCMDL. The GCMDL is not listed among his awards and decoration on his DD Form 214, or on his DA Form 20 and there are no orders on file in his personnel records awarding him this award.

14. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

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15. The above cited regulation provides that the GCMDL 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 GCMDL, disqualification must be justified.

16. Paragraph 6-7, Army Regulation 600-8-22, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its
Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned, the 2^nd Battalion, 60^th Infantry, was cited for award of the Presidential Unit Citation for the period from 7 March through 22 June 1968 by Department of the Army General Orders Number 60, dated 1969; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order Number 31 dated 1969. This document also shows the same unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period
19 December 1966 through 28 June 1969 by Department of the Army General Order Number 59 dated 1969.

18. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star, an individual award, but this award was not added to his DD Form 214 on his release from active duty. It would be in the interest of justice to amend his DD Form 214 to add this award to his separation document at this time.

2. The applicant's overall record of achievements and service, which includes two awards of the Army Commendation Medal and rapid promotion to the rank

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and pay grade of Sergeant, E-5, portray a soldier who is worthy of award of the GCMDL. In the absence of disqualifying information, it would be in the interest of justice to award the applicant the GCMDL for his service from 26 October 1967 through 24 October 1969 at this time and to add it to his separation document.

3. The applicant participated in four campaigns during his tour of duty in the Republic of Vietnam. While in Vietnam, the applicant was present and participated in the following: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive. The applicant is therefore entitled to amendment of his DD Form 214 to show award of four bronze service stars.
The bronze service stars denote participation in four campaigns. They are to be affixed and worn on his already awarded Vietnam Service Medal.

4. A review of AR 600-8-22 which governs the Army's Awards Program revealed no award with the name or title, "Vietnam Unit Citation." Since it is not a listed award in the Awards regulation, and in the interest of correcting the applicant's records, this entry in Block 24, DD Form 214, should be deleted.

5. The applicant served in a unit during his tour of duty in the RVN (the 2^nd Battalion, 60^th Infantry Regiment) that was cited for award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore entitled to have these awards added to his DD Forms 214.

6. The applicant qualified as a marksman with the M-16 Automatic Rifle and the M-60 Machinegun on 2 and 8 February 1968, respectively. These qualification badges are not shown on his DD Form 214. It would be appropriate to add them to his DD Form 214 at this time.

7. The copy of the AM citation that the applicant submitted has neither a date nor a signature. Since no orders could be found and since no certificate was provided by the applicant and is not included in his personnel records, the citation alone is not sufficient a document upon which this Board will base adding the AM to the applicant's separation document.

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

RECOMMENDATION:

1. That the entry, "Vietnam Unit Citation" in Block 24, DD Form 214 be deleted.

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2. That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to those already shown in Block 24, DD Form 214: the Republic of Vietnam Gallantry Cross with Bronze Star, the Vietnam Service Medal with four bronze service stars; the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and the Marksman Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.

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

BOARD VOTE:

__fne___ __slp___ __eja___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078032
SUFFIX
RECON
DATE BOARDED	20021022
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0018
3.
4.
5.
6.