PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002082558


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Margaret V. Thompson		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal. He also requests the issuance of his Vietnam awards and decorations.

3. The applicant's request for the issuance of his Vietnam awards and decorations was addressed by separate correspondence to the applicant.

4. The applicant states that he was awarded the Bronze Star Medal while in Vietnam but this award does not appear on his DD Form 214.

5. The applicant’s military records show that he was inducted on 10 January 1969. He served as an interrogator in Vietnam from 19 February 1970 through 20 December 1970 and was honorably released from active duty on
21 December 1970.

6. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

7. There is no evidence in the available records that the applicant was recommended for or awarded the Bronze Star Medal.

8. The Board notes that the applicant is entitled to the Vietnam Campaign Medal for his service in Vietnam. This award is not shown on his DD Form 214.

9. 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.

10. The Board notes that the applicant is entitled to one Overseas Service Bar for his service in Vietnam. This award is not shown on his DD Form 214.

11. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

12. 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 8, dated 1974. This award is not shown on his DD Form 214.

13. 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.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

16. 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.

17. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

18. 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.



CONCLUSIONS:

1. The Board considered the applicant's contention that he was awarded the Bronze Star Medal in Vietnam. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

2. Based on the applicant's service in Vietnam, he is entitled to the Vietnam Campaign Medal. Therefore, his DD Form 214 should be corrected to show this medal.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 10 January 1969 through 21 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his records to show this award.

4. The applicant is entitled to one Overseas Service Bar for his service in Vietnam from 19 February 1970 through 20 December 1970. Therefore, his DD Form 214 should be corrected to show this award.

5. The applicant’s DD Form 214 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 to show these awards.

6. The applicant's unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

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 Campaign Medal, the first award of the Good Conduct Medal, one Overseas Service Bar, the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JLP____ AAO____ MVT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082558
SUFFIX
RECON
DATE BOARDED	20030318
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0000
3.
4.
5.
6.