PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003088812


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Walter T. Morrison		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal with "V" Device.

3. The applicant states that he was awarded the Army Commendation Medal with "V" Device but it was not added to his DD Form 214. In support of his application, he submitted a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted into the Army on 11 December 1967. He completed the required training and was assigned to Vietnam on 20 May 1968 as a combat engineer. He was promoted to specialist four on 11 November 1968. He has no record of any disciplinary actions. His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

5. Headquarters, 101st Airborne Division General Orders Number 549, dated 18 January 1969 awarded the applicant the Army Commendation Medal for meritorious achievement during the period 1 July 1968 through 30 November 1968.

6. There are no orders which show the applicant was awarded the Army Commendation Medal with "V" Device. His DA Form 20 does not list the Army Commendation Medal with "V" Device in item 41 (Awards and Decorations).

7. Headquarters, 101st Airborne Division General Orders Number 2438, dated 18 March 1969 awarded the applicant the Bronze Star Medal for meritorious service during the period 1 July 1968 through 28 February 1969.

8. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Company B, 326th Engineer Battalion, 101st Airborne Division in Vietnam from 20 May 1968 through 13 May 1969. He was credited with participation in four campaigns.

9. The applicant was separated from active duty on 10 December 1969. His DD Form 214 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, and the Expert Marksmanship Qualification Badge with Rifle Bar after completion of 2 years of active military service.






10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

11. 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.

12. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 326th Engineer Battalion, this unit was cited for 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. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 326th Engineer Battalion, this unit was cited for award of the Valorous Unit Award based on Department of the Army General Orders Number 2, dated 1971. While the applicant was still assigned to this unit, it was cited for award of the Meritorious Unit Commendation based on Department of the Army General Orders Number 22, dated 1976.

15. 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.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Army Commendation Medal with "V" Device to the applicant. Therefore, there is no basis for correcting his DD Form 214 to show the Army Commendation Medal with "V" Device.




2. The Board notes that the applicant met the regulatory requirements for award of the Army Good Conduct Medal for the period 11 December 1967 through 10 December 1969. Therefore, his DD Form 214 should be corrected to show this award.

3. The applicant was awarded the Bronze Star Medal for meritorious service; therefore, he is entitled to correction of his DD Form 214 to show this decoration.

4. Based on the applicant's dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in four campaigns of the Vietnam War. Therefore, he is entitled to a total of four bronze service stars for wear on his Vietnam Service Medal.

5. The Board notes that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation. Later all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. Therefore, his records should be corrected to show these foreign unit awards.

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:

         a. by awarding the applicant the Army Good Conduct Medal for the period 11 December 1967 through 10 December 1969;

         b. by showing the applicant was awarded the Army Good Conduct Medal, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation; and

         c. by showing he is authorized to wear four bronze service stars on his Vietnam Service Medal.






2. That so much of the application as it relates to the Army Commendation Medal with "V" Device be denied.

BOARD VOTE:

SP______ WTM____ TAP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Shirley Powell________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003088812
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030909
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0020
2.
3.
4.
5.
6.