Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084722C070212
Original file (2003084722C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2003084722


         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:

Mr. Fred N. Eichorn Chairperson
Mr. Hubert O. Fry Member
Ms. Marla J. Troup 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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3. The applicant states, in effect, that he and another soldier were put in for award of the Bronze Star Medal for saving their acting commander after he was shot by enemy fire in Vietnam. In support of his application, he submits a copy of his DD Form 214 and four undated letters of explanation.

4. The applicant’s military records show that he was inducted on 18 April 1966. He served as a light weapons infantryman in Vietnam from 5 October 1966 through 2 October 1967 and was released from active duty on 17 April 1968.

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

6. There are no orders for the Bronze Star Medal in the applicant's service personnel records. There is also no evidence that the applicant was recommended for award of the Bronze Star Medal.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal in item 41 (Awards and Decorations).

8. 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. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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

10. 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 59, dated 1969. This award is not shown on his DD Form 214.

11. 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.

12. 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.

13. 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 and another soldier were put in for award of the Bronze Star Medal for saving their acting commander after he was shot by enemy fire in Vietnam. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Bronze Star Medal in this case.

2. The applicant is entitled to the first award of the Good Conduct Medal for the period 18 April 1966 through 17 April 1968 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.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant's unit received 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.

5. 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 first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to award of the Bronze Star Medal be denied.

BOARD VOTE:

FNE____ HOF____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn________
                  CHAIRPERSON




INDEX

CASE ID AR2003084722
SUFFIX
RECON
DATE BOARDED 20030617
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002083619C070215

    Original file (2002083619C070215.rtf) Auto-classification: Approved

    This document shows that the unit the applicant served with, 7th Support Battalion, 199th Light Infantry Brigade, was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 12 December 1966 through 31 August 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971. There is no evidence and the applicant has provided none that he was recommended for award of a medal for the saving of lives, to include one of the medals that can...

  • ARMY | BCMR | CY2003 | 2003086676C070212

    Original file (2003086676C070212.rtf) Auto-classification: Approved

    Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) for service in Vietnam during the period the applicant was assigned. The Military Police Report contained in his records shows that the applicant and another soldier went into a bar and when told that the bar was closed, the...

  • ARMY | BCMR | CY2011 | 20110015103

    Original file (20110015103.txt) Auto-classification: Approved

    The applicant requests correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), Machine Gun Bar (M-60), and Shot Gun Bar * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two or three bronze...

  • ARMY | BCMR | CY2011 | 20110020681

    Original file (20110020681.txt) Auto-classification: Approved

    His DD Form 214 shows the: * National Defense Service Medal * One overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14) * Expert Marksmanship Qualification Badge with Rifle Badge (M-16) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with "1960" Device 9. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2010 | 20100014850

    Original file (20100014850.txt) Auto-classification: Approved

    The certificate for the award of the Purple Heart indicates the applicant received wounds in action in the Republic of Vietnam on 22 November 1967. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon...

  • ARMY | BCMR | CY2008 | 20080001127

    Original file (20080001127.txt) Auto-classification: Approved

    The applicant's record shows that he was awarded the Vietnam Service Medal. Evidence shows he participated in three campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Army Good Conduct Medal (first award) for the period 27 September 1966 to 26 September 1969, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the three bronze...

  • ARMY | BCMR | CY2003 | 2003087420C070212

    Original file (2003087420C070212.rtf) Auto-classification: Approved

    There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The applicant's service personnel records show that he participated in two campaigns during his assignment in Vietnam. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.

  • ARMY | BCMR | CY2014 | 20140008906

    Original file (20140008906.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the...

  • ARMY | BCMR | CY2014 | 20140002280

    Original file (20140002280.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Republic of Vietnam Honor Medal Second Class Citation * Republic of Vietnam Gallantry Cross with Bronze Star * Purple Heart * any unit awards he is entitled to based on his service in Vietnam 2. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of...

  • ARMY | BCMR | CY2011 | 20110010682

    Original file (20110010682.txt) Auto-classification: Approved

    He returned to his unit on 11 March 1966 for duty as a door gunner until he departed Vietnam on 18 August 1966. b. in item 41 (Awards and Decorations) that he was awarded or authorized the Vietnam Service Medal, Purple Heart, Air Medal (1st Oak Leaf Cluster), Air Crewman Badge [Aircraft Crew Member Badge], National Defense Service Medal, and Republic of Vietnam Campaign Medal. Records show the applicant participated in three campaign periods during his service in Vietnam. As a result, the...