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Decision Text

ARMY | BCMR | CY2002 | 2002078603C070215
Original file (2002078603C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002078603


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Bronze Star Medal (BSM).

3. The applicant states that he was awarded the BSM, but his DD Form 214 was never annotated to show this award. In support of his request, he submits the citation and certificate showing he was awarded the BSM.

4. The applicant’s military records show that he served in the Army of the United States from 27 September 1967 until he was honorably separated on 29 July 1969 and transferred to the USAR Control Group (Reinforcement), St Louis, Missouri. He served as a Light Weapons Infantryman in military occupational specialty (MOS) 11B. He served in Vietnam from 2 August 1968-27 July 1969 with Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade, Americal Division.

5. The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, 2 Overseas Service Bars, the Sharpshooter Marksmanship Badge (Rifle M-14), and the Marksmanship Badge (Rifle M-16).

6. The certificate for award of the BSM for meritorious service is dated 27 July 1969, the date the applicant departed Vietnam for return to the United States, and signed by Major General Lloyd B. Ramsey; General Ramsey was the Americal Division commander from June 1969 to 18 March 1970 when he was seriously injured in a helicopter crash. The citation for award of the BSM submitted by the applicant is consistent with the Americal Division's standard citation for award of the BSM for meritorious service during the period.

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal (GCMDL), service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. An attempt was made to locate a copy of the Americal Division general order awarding the applicant's BSM, but to no avail.


8. AR 600-8-22 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.

9. AR 600-8-22 also authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS will be worn on the appropriate service medal. The applicant served in Vietnam during four campaigns: Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge by Department of the Army General Orders Number 8, dated 1974.

CONCLUSIONS:

1. The Board accepts the authenticity of the applicant's BSM Certificate and Citation. The dates for the award of the BSM are consistent with the applicant's dates of assignment in Vietnam; Major General Lloyd B. Ramsey was the Americal Division commander at the time of presentation; and the verbiage is consistent with numerous other meritorious awards of the BSM for Americal Division soldiers.

2. Accordingly, it would be appropriate to correct the applicant's DD Form 214 to show that he was awarded the BSM for meritorious achievement while serving in the Vietnam from 2 August 1968-27 July 1969.

3. The applicant is also entitled to have his DD Form 214 corrected to show award of the GCMDL for his honorable period of service from 27 September 1967-29 July 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and 4 BSS for wear on his VSM.

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


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the BSM, the GCMDL for his honorable period of service from 27 September 1967-29 July 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and 4 BSS for wear on his VSM.

BOARD VOTE:

__jns___ __lem___ __wdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002078603
SUFFIX
RECON
DATE BOARDED 20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0056
3.
4.
5.
6.


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