PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 AUGUST 2003
         DOCKET NUMBER: AR2003086920


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. James E. Anderholm		Member
Ms. Linda M. Barker		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 records be corrected to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a "commendation medal," and two Bronze Star Medals, one for valor. He states he never received "citations" for the Republic of Vietnam Gallantry Cross Unit Citation with Palm or the "commendation medal for meritorious service" because they were being completed at the time he was leaving Vietnam. He states that it is now important to him to have his separation document reflect the awards that he earned. In support of his request he submits a copy of orders awarding him the Bronze Star Medal with "V" device and a copy of his award citation for the Bronze Star Medal for meritorious service.

3. Records available to the Board indicate that the applicant entered active duty on 10 August 1967. While undergoing training he qualified as a sharpshooter with the machine gun (M-60) and the rifle (M-14), and as a marksman with the automatic rifle (M-16). He was awarded the associated badges and component bars but the information was omitted from his separation document.

4. Following completion of training, the applicant attended a noncommissioned officer candidate course at Fort Benning, Georgia and was then assigned to Fort Polk, Louisiana as an infantry squad leader. In July 1968 he was assigned to Vietnam as an infantry team leader with the 2^nd Battalion, 14^th Infantry. His award of the Combat Infantryman Badge is reflected on his separation document.

5. While in Vietnam, the applicant was awarded a Bronze Star Medal with "V" device for his heroic actions on 11 November 1968 and a Bronze Star Medal for meritorious service during the period July 1968 to July 1969. Orders issued by the 25^th Infantry Division confirmed both awards. However, neither award was recorded on his separation document.

6. The applicant returned to the United States in July 1969 and on 28 July 1969 he was released from active duty with an honorable characterization of service in pay grade E-6.

7. A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (2^nd Battalion, 14^th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and participated in four designated campaign periods (Vietnam Counteroffensive Phases V and VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969) while the applicant was assigned to the organization. The unit awards were omitted from his separation document and four bronze service stars denoting participation in the four designated campaigns were omitted from his Vietnam Service Medal. Although unit awards are confirmed in Department of the Army General Orders, citations recognizing individuals entitled to those unit decorations are not published.

8. Army Regulation 600-8-22 provides that the Army Commendation 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 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.

9. Army Regulation 600-8-22 also 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 nonfavorable 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. There is also no evidence of any misconduct or disciplinary actions in the applicant's file. His conduct and efficiency ratings throughout his military service were excellent.

CONCLUSIONS:

1. The evidence confirms that the applicant was awarded two Bronze Star Medals, one with a "V" device. His records should be corrected accordingly.

2. The evidence also confirms that the applicant qualified as a sharpshooter with the machine gun (M-60) and the rifle (M-14), and as a marksman with the automatic rifle (M-16), and that he was awarded the associated badges and component bars. His records should be corrected to reflect that information.

3. The applicant is also entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal.

4. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 28 July 1969. 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 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 10 August 1967 through
28 July 1969.

5. Although the applicant has requested that his separation document reflect the "commendation medal," the Board presumes he is referring to the Army Commendation Medal. Unfortunately, there is no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded that decoration. In the absence of such evidence, the Board concludes there is no basis to correct his record to reflect that decoration.

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:

a. by showing that the individual concerned was awarded two Bronze Star Medals, one with a “V” device;

b. by showing that he qualified as a sharpshooter with the machine gun (M-60) and the rifle (M-14), and as a marksman with the automatic rifle (M-16), and that he was awarded the associated badges and component bars:

c. by showing that he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal; and

d. by awarding him the Army Good Conduct Medal for the period
10 August 1967 through 28 July 1969.

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

BOARD VOTE:

__RVO __ __JEA __ __LMB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003086920
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030814
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.