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ARMY | BCMR | CY2003 | 2003086533C070212
Original file (2003086533C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003086533


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson 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.


2. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) be amended to add the Bronze Star Medal.

3. The applicant makes no additional statement. He provides a copy of a 1 September 1971 letter from the U. S. Army Reserve Components Personnel and Administration Center forwarding the Bronze Star Medal to him as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 29 September 1969 for 2 years.

5. The applicant arrived in Vietnam and was assigned to K Troop, 3d Squadron, 11th Armored Cavalry Regiment on or about 20 March 1970. He was reassigned to a student status in-country on 23 February 1971. He was reassigned to H Troop, 17th Cavalry, 23d Infantry Division on 24 March 1971.

6. The applicant was awarded the Bronze Star Medal by Headquarters, 23d Infantry Division on General Orders Number 04486 dated 19 April 1971.

7. The applicant departed Vietnam on 30 April 1971 after being credited with participation in three campaigns.

8. The applicant was honorably released from active duty on 4 May 1971 after completing 1 year, 7 months, and 6 days of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Qualification Badge with Rifle bar, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and one overseas bar.

9. The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as excellent throughout his enlistment. He has no record of other disciplinary actions in his file.

10. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11. Army Regulation 672-5-1 provided for the wear of one bronze service star on the appropriate service medal for each credited campaign.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 11th Armored Cavalry Regiment, it was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

13. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 11th Armored Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 30 October 1970 by DAGO Number 55, dated 1971.

14. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to H Troop, 17th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April through 30 June 1971 by DAGO Number 6, dated 1974.

15. Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the Bronze Star Medal. This award should be added to his DD Form 214.

2. The Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 29 September 1969 through 4 May 1971 by virtue of having received conduct and efficiency ratings of "excellent" throughout his enlistment and having no record of disciplinary actions that might otherwise disqualify him.

3. The evidence of record shows the applicant is authorized to wear 3 bronze service stars on the Vietnam Service Medal and his DD Form 214 should be amended to reflect this fact.

4. The evidence of record shows that the applicant was assigned to two units during a period of time one of those units was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the other unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, both awards should be added to his DD Form 214.

5. 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 by awarding the applicant the Army Good Conduct Medal for the period 29 September 1969 through 4 May 1971.

2. That the applicant's DD Form 214 be amended to add the Bronze Star Medal, the Army Good Conduct Medal, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is authorized to wear three bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

__fne___ __mvt___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR20030886533
SUFFIX
RECON
DATE BOARDED 20030819
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 110.04
2.
3.
4.
5.
6.


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