PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002078445


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. Troup		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 20 December 1968 to show award of the Bronze Star Medal and the Army Commendation Medal.

3. The applicant states that he never received the Bronze Star Medal or the Army Commendation Medal for his service in Vietnam. He contends that it was company policy to issue these medals to its soldiers. He states that he left his company before the company clerk completed the required paperwork and that these medals never followed him to his stateside assignments.

4. The applicant’s military records show that he was inducted on 6 February 1967. He served as a light weapons infantryman in Vietnam from 9 July 1967 through 5 July 1968 and was honorably released from active duty on
20 December 1968. He was commissioned as a Reserve officer on 23 July 1976 and entered active duty on 29 October 1976. The applicant retired on 31 August 1994 in the rank of major.

5. The applicant’s DD Form 214 with an effective date of 20 December 1968 does not show the Bronze Star Medal or the Army Commendation Medal as authorized awards.

6. There are no orders for the Bronze Star Medal or the Army Commendation Medal in the available records. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or the Army Commendation Medal.

7. The applicant’s DD Form 214 with an effective date of 20 December 1968 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

8. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. This award is not shown on his DD Form 214 with an effective date of 20 December 1968.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the



Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his DD Form 214 with an effective date of 20 December 1968.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

12. Army Regulation 600-8-22 provides that the Army Commendation Medal may 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 are required.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14. Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1. The Board considered the applicant’s contention that it was company policy to issue the Bronze Star Medal and the Army Commendation Medal to soldiers for their service in Vietnam. However, the applicant has provided no evidence to support this contention.

2. The governing awards regulation states that as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal or the Army Commendation Medal for his service in Vietnam. Therefore, the Board determined that there was insufficient evidence on which to base award of the Bronze Star Medal or the Army Commendation Medal in this case.

4. The applicant’s DD Form 214 with an effective date of 20 December 1968 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 with an effective date of 20 December 1968 to show these awards.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 6 February 1967 through 20 December 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his DD Form 214 with an effective date of 20 December 1968 to show this award.

6. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, he is entitled to correction of his DD Form 214 with an effective date of 20 December 1968 to show these unit citations.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Vietnam Service Medal with four bronze service stars, the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 20 December 1968.






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

BOARD VOTE:

RVO__ AAO_____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078445
SUFFIX
RECON
DATE BOARDED	20030116
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0020
3.	107.0000
4.
5.
6.