PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 JUNE 2003
         DOCKET NUMBER: AR2002081256


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Eloise E. Prendergast		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 his records be corrected to reflect award of the Combat Infantryman Badge, a Bronze Star Medal, and completion of a Noncommissioned Officer (NCO) Course. He states the information was omitted from his separation document and he would like "to make the record straight." In support of his request he submits a copy of his Bronze Star Medal certificate and citation, and a copy of his completion certificate for the NCO course.

3. Records available to the Board indicate the applicant was inducted and entered active duty on 12 September 1967.

4. While undergoing training he qualified as a sharpshooter with the rifle (M-14) and as an expert with the mortar (81mm Mortar). He was awarded the associated badges and component bars. However, that information was omitted from his separation document.

5. Upon completion of basic and advanced individual training, the applicant was assigned to Fort Benning, Georgia where he underwent a 12-week Infantry Noncommissioned Officer Candidate Course. He successfully completed that course on 28 May 1968 and was declared the honor graduate and promoted to pay grade E-6. Completion of that training was omitted from his separation document.

6. The applicant was briefly assigned to Fort Lewis, Washington, and in August 1968 he was assigned to the 1^st Battalion, 28^th Infantry, 1^st Infantry Division in Vietnam as an infantry squad leader. On 28 October 1968 he was awarded the Combat Infantryman Badge. The 1st Infantry Division issued orders confirming the badge.

7. The applicant remained in Vietnam until August 1969 when he returned to the United States and on 24 August 1969 was released from active duty with an honorable characterization of service, in pay grade E-6.

8. Although the applicant's file does not contain any orders confirming his award of the Bronze Star Medal, his award certificate, which he submitted in support of his request to this Board, notes that he was awarded the Bronze Star Medal on 10 September 1969, after his release from active duty. The certificate was authenticated by Major General A. E. Milloy, who assumed command of the 1^st Infantry Division in Vietnam on 10 August 1969, and also reflects the printed signature of Stanley R. Resor, who was Secretary of The Army between July 1965 and June 1971. The certificate and citation note the applicant was awarded the Bronze Star Medal for meritorious achievement during the period September 1968 to August 1969. Attempts to locate a copy of the orders confirming his award were not successful.

9. Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. There is also no evidence of any misconduct or disciplinary actions in the applicant's file. His conduct and efficiency ratings throughout his military service were excellent.

10. A review of Department of the Army Pamphlet 672-3 indicates that the applicant's unit (1^st Battalion, 28^th Infantry) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the organization. It also notes that the applicant would have participated in four designated campaign periods (Vietnam Counteroffensive Phases V and VI, the TET 69 Counteroffensive, and Vietnam Summer-Fall 1969) while in Vietnam. Four bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation.

11. Army Regulation 635-5, then in effect, established the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it stated that item 25 (education and training completed) would list formal in service training courses successfully completed during the period of service covered by the separation document. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. The evidence confirms that the applicant was awarded the Combat Infantryman Badge, and that he qualified as a sharpshooter with the rifle (M-14) and as an expert with the mortar (81mm Mortar) and was awarded the associated badges and component bars. His records should be corrected accordingly.

2. The evidence also confirms that the applicant successfully completed the Infantry Noncommissioned Officer Candidate Course at Fort Benning, Georgia in May 1968. That information should be added to item 25 of his separation document.

3. The Board also notes that the applicant is entitled to four bronze service stars on his Vietnam Service Medal, as well as the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. That information should be added to his separation document.

4. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 24 August 1969. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 12 September 1967 through
24 August 1969.

5. The Board notes that there are no orders in the applicant's available records awarding him the Bronze Star Medal, however, his award certificate is signed by the appropriate commanding general and the appropriate Secretary of the Army, and the period of service covered by the award coincides with the applicant's dates of service in Vietnam. The fact that the certificate was issued after the applicant’s separation from active duty could explain the absence of the award on his separation document. In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Bronze Star Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document.

6. 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:

a. by showing that the individual concerned was awarded the Combat Infantryman Badge and Bronze Star Medal;

b. by showing that he qualified as a sharpshooter with the rifle (M-14) and as an expert with the mortar (81mm Mortar) and was awarded the associated badges and component bars:

c. by showing that he is entitled to four bronze service stars on his Vietnam Service Medal, as well as the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

d. by showing in item 25 of his separation document that he successfully completed the Infantry Noncommissioned Officer Candidate Course at Fort Benning, Georgia in May 1968; and

e. by awarding him the Army Good Conduct Medal for the period
12 September 1967 through 24 August 1969.

BOARD VOTE:

__RVO__ __JPI ___ __ECP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081256
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030612
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	110.00
3.
4.
5.
6.