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Decision Text

ARMY | BCMR | CY2003 | 2003086603C070212
Original file (2003086603C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003086603


         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
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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Air Medal and two awards of the Bronze Star Medal with "V" Device.

3. The applicant states that these awards were not entered on his DD Form 214. In support of his application, he submits a copy of his DD Form 214, an award certificate for the Purple Heart, and orders for the aforementioned awards.

4. The applicant’s military records show that he was inducted on 18 October 1967. He served as a light weapons infantryman assigned to Company D,
1st Battalion, 5th Cavalry of the 1st Air Cavalry Division in Vietnam from 4 April 1968 through 4 April 1969. On 25 August 1969, the applicant was released from active duty in the rank of sergeant after completing 1 year, 9 months and 8 days of total active service.

5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. 1st Cavalry Division (Airmobile) General Orders Number 7061, dated 2 July 1968, show the applicant received the Air Medal for the period April 1968 to June 1968.

7. 1st Air Cavalry Division General Orders Number 8301, dated 14 July 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 15 June 1968 in Vietnam.

8. 1st Air Cavalry Division General Orders Number 10695, dated 16 August 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 27 June 1968 in Vietnam.

9. 1st Cavalry Division (Airmobile) General Orders Number 7858, dated 10 July 1968, show the applicant received the Purple Heart for wounds received in action on 28 June 1968 in Vietnam.

10. 1st Cavalry Division (Airmobile) General Orders Number 3235, dated
16 March 1969, show the applicant received the Bronze Star Medal for meritorious service for the period April 1968 to April 1969 in Vietnam.

11. 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.
12. The applicant's service personnel records show that he participated in four campaigns during his assignment in Vietnam.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit 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.

14. Department of the Army Pamphlet 672-3 shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

15. Department of the Army Pamphlet 672-3 also shows the applicant's unit was cited for award of the Navy Unit Commendation during the period 6-8 May 1968 by Department of the Army General Orders Number 32, dated 1973.

16. 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.

17. 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 applicant received the Purple Heart, the Air Medal, and three awards of the Bronze Star Medal, two of which were for valor. Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2. Considering the applicant attained the rank of sergeant in two years, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 18 October 1967 through 25 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected 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 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.

4. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Navy Unit Commendation. Therefore, the applicant's DD Form 214 should be corrected to show these unit awards.

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

RECOMMENDATION:

1. That the applicant be awarded the Good Conduct Medal for the period
18 October 1967 through 25 August 1969.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart, the Air Medal, the Bronze Star Medal with Second Oak Leaf Cluster with "V" Device, the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Navy Unit Commendation.

BOARD VOTE:

FNE____ MVT____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2003086603
SUFFIX
RECON
DATE BOARDED 20030819
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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