PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2002081801

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John T. Meixell		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 the Bronze Star Medal (BSM) be added to his record.

3. The applicant states, in effect, that it is was oversight that the BSM was not listed on his separation document (DD Form 214). In support of his application, he provides a copy of a BSM citation.

4. The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 25 November 1969. He was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery), and the highest rank he attained while serving on active duty was private first class (PFC).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam and was assigned to Battery A, 11^th Artillery, 101^st Airborne Division, from 17 May through 6 August 1970; and Service Battery of the same organization, from 7 August 1970 through 24 June 1971.

6. Item 38 (Record of Assignments) of the applicant’s DA Form 20 confirms that he received “Excellent” conduct and efficiency ratings at each of his active duty assignments. Further, his Military Personnel Records Jacket (MPRJ) is void of any derogatory information that would disqualify him from receiving the Army Good Conduct Medal (AGCM), or of a specific disqualification for this award by any of his active duty unit commanders. The MPRJ is void of any orders or documents that would indicate the applicant was ever recommended for or awarded the BSM.

7. On 28 June 1971, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 4 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him on his separation date shows that he earned the following awards during his tenure on active duty: National Defense Service Medal; Vietnam Service Medal; and Sharpshooter Marksmanship Qualification Badge (Rifle). The BSM is not included in this list of authorized awards. The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Separated), which indicates that he verified that the information contained therein was correct at the time the document was prepared and issued.

8. The applicant provides a copy of award citation that indicates he was awarded the BSM for meritorious service between May 1970 and March 1971. However, this document contains no official heading and it is unsigned. Further, he provides no supporting orders or other official signed documents that corroborate that he was actually awarded the BSM.
9. In connection with the processing of this case, a member of the Board staff researched the unit historical files of the applicant’s unit (2^nd Battalion, 11^th Field Artillery, 101^st Airborne Division) that are maintained at the National Archives. This search failed to produce any orders awarding the applicant the BSM, or any other information or documents that indicate he was ever recommended for or awarded the BSM.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN. Appendix B confirms that the applicant was credited with participation in the DA Sanctuary Counteroffensive and Vietnam Counteroffensive, Phase VII campaigns based on his tenure of assignment in the RVN.

11. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the BSM. It states, in effect, that the BSM may be authorized to those members who while serving in any capacity in or with the Army of the United States, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

12. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940; however, for the first award only, a period of 1 or more years is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

13. Paragraph 9-19 of this same regulation provides guidance on the award of the Republic of Vietnam Campaign Medal. It states, in pertinent part, that to qualify for this award a member must have served in the RVN for 6 months.

14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (2^nd Battalion, 11^th Artillery, 101^st Airborne Division) earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he was awarded the BSM and its omission from his separation document was the result of an administrative error. However, it finds insufficient evidence to support this claim.

2. The evidence of record contains no indication that the applicant was ever recommended for or awarded the BSM. Further, a check of the unit historical files maintained at the National Archives failed to produce any orders or other documents showing that he was ever awarded the BSM. Lacking evidence to corroborate the unofficial unsigned citation provided by the applicant, the Board finds an insufficient evidentiary basis to support adding the BSM to his record at this time. This action is taken solely on the lack of evidence in the interest of all those who served in the RVN and who faced similar circumstances.

3. During its review of this case, the Board discovered that the applicant is entitled to awards that were not included in either his record or his separation document. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for which he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 25 November 1969 through 28 June 1971.

4. The record also shows that based on his service and campaign participation in the RVN, the applicant is entitled to two bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal, for his honorable period of qualifying service from 25 November 1969 through
28 June 1971; by showing that based on his campaign participation and service in the RVN, he is entitled to 2 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

__JM__ __SLP___ __SAC__ GRANT AS STATED IN RECOMMENDATION

________ ________ ______ GRANT FORMAL HEARING

________ ________ ______ DENY APPLICATION




                  Samuel A. Crumpler
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081801
SUFFIX
RECON
DATE BOARDED	2003/06/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1971/06/28
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 60	107.0014
2. 46	107.0000
3.
4.
5.
6.