PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002078044


         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:

Ms. Margaret K. Patterson		Chairperson
Ms. Jennifer L. Prater		Member
Ms. Mae M. Bullock		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 he be awarded the Army Good Conduct Medal, the "Meritorious Achievement Medal," the "Presidential Citation for Gallantry," the "Vietnamese Presidential Citation for Gallantry," the Combat Infantryman Badge, and the Army Commendation Medal.

3. The applicant states that he served with the 25th Infantry Division. He was awarded an Army Commendation Medal while with the Americal Division, 23d Infantry and also one from Fort Belvoir, VA when he was separated.

4. The applicant’s military records show that he enlisted in the Regular Army on 12 September 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 51N (Water Supplyman).

5. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company (HHC), 65th Engineer Battalion, 25th Infantry Division, on 15 August 1970 where he performed duties as a water supply team chief. He was reassigned to Detachment (illegible), HHC, 2d Brigade, 25th Infantry Division, on 24 October 1970 where he performed duties as a water supply team chief. He was reassigned to the 54th Engineer Company on 10 February 1971 where he performed duties as a water supply team chief. He was reassigned to HHC, 26th Engineer Battalion, on 5 March 1971 where he performed duties as a water supply team chief.

6. The applicant departed Vietnam on 30 July 1971 after receiving participation credit for two campaigns.

7. The applicant was released from active duty on 12 March 1972 after completing 2 years, 6 months, and 1 day of creditable active service with no lost time. His DD Form 214 shows he was awarded the Expert Qualification Badge with Rifle Bar, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, and the Bronze Star Medal.

8. There are no Army Commendation Medal orders on file in the applicant's service personnel records. There are no orders for a "Meritorious Achievement Medal" on file in his service personnel records. There is no entry in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicating he was awarded the Army Commendation Medal or a "Meritorious Achievement Medal." He last audited his DA Form 20 on 8 September 1971.

9. The applicant's DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service.

10. 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.

11. Army Regulation 672-5-1 (and the current awards regulation) provided for the award of the Combat Infantryman Badge to a soldier who was an infantryman satisfactorily performing infantry duties, who was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and must have actively participated in such ground combat. Campaign or battle credit alone was not sufficient for award of the CIB.

12. Army Regulation 672-5-1 (and the current awards regulation) provided that the Army Commendation Medal could be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders were required.

13. Army Regulation 672-5-1 (and the current awards regulation) provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.

14. Neither Army Regulation 672-5-1 nor the current awards regulation authorizes a "Meritorious Achievement Medal."

15. Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, does not show that any of the four units to which the applicant was assigned while in Vietnam was awarded any unit award during a period of time he was assigned to the unit.

16. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

17. 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. A soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.

CONCLUSIONS:

1. The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 12 September 1969 through 12 March 1972.

2. There are no orders for the "Meritorious Achievement Medal" (which is not listed as an authorized award in the awards regulations) or for the Army Commendation Medal in the applicant's service personnel records. There is no other evidence of record to show he was awarded either of these two awards.

3. By "Presidential Citation for Gallantry," the Board presumes the applicant is referring to the Presidential Unit Citation. He was not assigned to a unit during a period of time that unit was awarded a Presidential Unit Citation. He may have worn that unit award on a temporary basis while he was assigned to a unit but it would not be authorized for permanent wear.

4. By "Vietnamese Presidential Citation for Gallantry," the Board presumes the applicant is referring to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. All units assigned to Vietnam were authorized this unit award and it should be added to his DD Form 214.

5. While the evidence of record shows the applicant was assigned to an infantry division, he did not hold an infantry military occupational specialty and he did not perform infantry duties. The Board acknowledges the valuable services he performed during his tour in Vietnam; however, they do not qualify him for award of the Combat Infantryman Badge.

6. The applicant met the eligibility criteria to wear two bronze service stars on the Vietnam Service Medal.

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

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 12 September 1969 through 12 March 1972.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized two 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:


__MKP__ __JLP _ __MMB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078044
SUFFIX
RECON
DATE BOARDED	2003/01/14
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0056
2.	107.0111
3.
4.
5.
6.