PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003088257


         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. Arthur A. Omartian		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. Ronald E. Blakely		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device, the Good Conduct Medal, and the Purple Heart.

3. The applicant states that he received the Bronze Star Medal with "V" Device and the Purple Heart in February 1969 in Vietnam. He did not provide any evidence in support of his claim.

4. The applicant’s military records show that he was inducted on 10 April 1968. He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 506th Infantry in Vietnam from 6 September 1968 until he was wounded in action on 28 February 1969 and evacuated back to the United States on 3 April 1969 for further medical treatment. On 20 June 1969, the applicant was honorably discharged by reason of physical disability in the rank of specialist four after completing 1 year, 2 months and 11 days of creditable service with no lost time.

5. The applicant's DD Form 214 shows the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. There are no orders for the Bronze Star Medal with "V" Device in the applicant's service personnel records.

7. 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.

8. Since the applicant's DD Form 214 shows the Purple Heart as an authorized award, that portion of the applicant's request for correction of his DD Form 214 to show the Purple Heart will not be discussed further in these proceedings.

9. 101st Airborne Division General Orders Number 2387, dated 17 March 1969, show the applicant received the Air Medal for meritorious achievement while participating in aerial flight on 12 February 1969 in Vietnam.

10. 101st Airborne Division General Orders Number 3213, dated 11 April 1969, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 October 1968 to 23 February 1969 in Vietnam.

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

12. 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 43, dated 1970.

13. Department of the Army Pamphlet 672-3 also 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 48, dated 1971.

14. 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15. 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.

16. A search of records at the U. S. Army Human Resources Command failed to locate Bronze Star Medal with “V” Device orders on the applicant. A search of unit records at the National Archives, College Park, Maryland failed to identify the applicant as being entitled to award of the Bronze Star Medal with “V” device.

17. Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A separate DA Form 638, Recommendation for Award must be submitted. The individual’s unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period for which this recognition is requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. The request should be sent, through the Member of Congress, to: Commander, U. S. Army Human Resources Command, ATTN: AHRC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA 22332-0400.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Bronze Star Medal with “V” Device. If the applicant cannot locate the general orders awarding him the Bronze Star Medal with “V” Device, he may submit a recommendation for award using the procedures outlined above.

2. Considering the applicant attained the rank of specialist four in 14 months, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 10 April 1968 through 20 June 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 received the Air Medal and the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show these medals.

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

5. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit citations.

6. 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 the applicant was awarded the first award of the Good Conduct Medal for the period 10 April 1968 through 20 June 1969.

2. That the applicant's DD Form 214 be corrected by showing that he was awarded the Good Conduct Medal, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. That so much of the application that pertains to award of the Bronze Star Medal with "V" Device be denied.

BOARD VOTE:

AAO___ ECP____ REB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088257
SUFFIX
RECON
DATE BOARDED	20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.