PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 October 2003
         DOCKET NUMBER: AR2003084525


         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. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Mae M. Bullock		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 show his entitlement to award of the Bronze Star Medal with citation, the Army Commendation Medal and the Combat Medical Badge.

3. The applicant states that the awards were never added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he never received them. In support of his request he submits copies of his citations and certificates for the Bronze Star Medal and the Army Commendation Medal.

4. The applicant’s military records show that he was inducted into the Army of the United States as a private, pay grade E-1, on 9 July 1968. He was awarded primary military occupational specialty, 91B20, Medical Specialist.

5. During the period 29 December 1968 to 14 December 1969, he served in the Republic of Vietnam (RVN) with Company B, 1^st Battalion, 35^th Infantry, 4^th Infantry Division, as a medic.

6. Orders dated 24 October 1969, lists his name for award of the Army Commendation Medal for meritorious service in the Republic of Vietnam from December 1968 to December 1969.

7. Orders dated 20 November 1969, lists his name for award of the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 20 December 1968 to 10 October 1969. On 28 November 1969, this order was revoked.

8. Orders dated 29 November 1969, show he was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 23 March 1969.

9. The applicant provides copies of an award citation and certificate to show that he was awarded the Bronze Star Medal on 14 November 1969 for exceptionally meritorious achievement during the period 20 December 1969 to 10 October 1969. The dates on these documents appear to be incorrect and no general orders are available.

10. On 15 May 1970, he was honorably separated from active duty. His separation document indicates he had 1 year, 10 months, and 7 days of creditable service. He was awarded the National Defense Service Medal, the Vietnam Service Medal with 3 Bronze Service Stars, the Vietnam Campaign Medal with device 60, the Bronze Star medal with “V” Device, and the Air Medal.




11. Army Regulation 600-8-22 provides that the Bronze Star 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

13. 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 non-favorable 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. His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

14. Department of the Army Pamphlet 672-3 provides unit citation and campaign participation credit information to establish eligibility of soldiers for unit awards. The Pamphlet notes that General Order Number 8, of 1974 announced award of the Republic of Vietnam Gallantry Cross Unit Citation with palm for Headquarters, U. S Army Vietnam and its subordinate units.

CONCLUSIONS:

1. The evidence of record shows that the applicant met the basic qualifications for award of the Combat Medical Badge. He was trained as a medical specialist and from 29 December 1968 to 14 December 1969 he was assigned to Vietnam as a medic with the 1^st Battalion, 35^th Infantry, 4^th Infantry Division and is entitled to award of the Combat Medical Badge.





2. The applicant was also awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from December 1968 to December 1969 and his records should be corrected accordingly.

3. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 15 May 1970. 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 of 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 9 July 1968 to 15 May 1970.

4. Department of the Army Pamphlet 672-3 noted that General Order Number 8, 1974 announced award of the Republic of Vietnam Gallantry Cross Unit Citation with palm for Headquarters, U. S. Army Vietnam and its subordinate units.

5. There is insufficient evidence that the applicant was awarded the Bronze Star Medal for meritorious achievement. The evidence presented by the applicant contains incorrect dates for the award and no general order is available to verify the award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected for the individual concerned by:

a. showing that he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from December 1968 to December 1969, effective December 1969;

b. awarding him the Combat Medical Badge, effective 23 March 1969;

c. awarding him the Army Good Conduct Medal for the period 9 July 1968 to 15 May 1970; and

d. awarding him the Republic of Vietnam Gallantry Cross Unit Citation with palm for the period 29 December 1968 to 14 December 1969.





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

BOARD VOTE:

__AAO__ _HOF___ _MMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084525
SUFFIX
RECON
DATE BOARDED	20031016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Partial
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0056
3.	107.0113
4.
5.
6.