PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003088925


         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Mae M. Bullock		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, in effect, that the unit history of the 585th Transport Company include a record and give recognition to eight soldiers who took part in a volunteer convoy in 1968. The applicant also amended his application to the Board and has requested that he be awarded all awards to which he may be entitled as a result of his service in Vietnam.

3. The applicant states, in effect, that he and eight other soldiers volunteered for a dangerous convoy and came under heavy enemy fire in the Ashau Valley in Vietnam. Eventually, they were left without support to make it back to their base camp. No record, of this volunteer convoy, to his knowledge, was ever recorded back in 1968.

4. In support of his application, the applicant provided a self-authored account of the events of events that took place on the volunteer mission and the unsigned recollections provided the applicant by two fellow soldiers who participated in the volunteer convoy.

5. The applicant has been provided instructions on actions and the requirements that must be negotiated to apply for recognition for the participants of the volunteer convoy mission; therefore, this issue will not be discussed further in these proceedings.

6. The applicant’s military records show that he was inducted into the Army of the United States on 2 August 1967. He completed basic combat training at Fort Campbell, Kentucky, and his advanced individual training at Fort Huachuca, Arizona. After completing all required training, he was awarded the military occupational specialty (MOS), 64A, (Light Vehicle Driver).

7. The applicant was assigned to Vietnam and he arrived there on 10 January 1968. He was assigned to the 585th Transportation Company (Medium Truck Cargo). The applicant served in Vietnam until 2 January 1969 when he was returned to the United States for assignment to Fort Bragg, North Carolina.

8. The applicant received an early release from active duty on 6 June 1969 for the purpose of returning to school under the provisions of Army Regulation (AR) 635-200, in the rank and pay grade of Specialist Five, E-5, with 1 year, 10 months, and 5 days active military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards: the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

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9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for campaign participation.

10. While in Vietnam, the applicant participated in the following five campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; and the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969.

11. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. This same regulation specifies that a silver service star will be worn in lieu of five bronze service stars.

12. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the applicant was assigned to a unit subordinate to the United States Army, Vietnam (USARV) and as such is entitled to award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. Units subordinate to USARV were awarded this unit citation by Department of the Army General Order (DAGO) Number 8, dated 1974. The 585th Transportation Company (Medium Truck Cargo) was awarded the Republic of Vietnam Gallantry Cross, with Gold Star, Unit Citation, by DAGO 24, dated 1972. These unit awards are not shown on his DD Form 214 because they were not approved until after the applicant had been separated from the Army. It would be appropriate to add them to his separation document at this time.

13. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar in Paragraph 23, Special Orders 227, published by Headquarters, US Army Training Center, Fort Campbell, Kentucky, dated 20 September 1967. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in Paragraph 5, Special Orders 330, published by Headquarters, US Army Combat Surveillance School/Training Center, Fort Huachuca, Arizona, dated 14 December 1967.

14. AR 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity

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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 Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and pay grade of Specialist Five, E-5, and served honorably and faithfully in Vietnam. There is no record of lost time in the applicant's service personnel records. There is no evidence in his service personnel records that any of his commanders took action to disqualify him from receiving this award. Based on his service, he is entitled to award of the Good Conduct Medal for the period 2 August 1967 through 6 June 1969 and to have it added to his DD Form 214.

2. The applicant participated in five campaigns during his tour of duty in Vietnam. He is therefore entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal and to have it shown on his separation document.

3. During his tour of duty in Vietnam, the applicant served in a unit that was subordinate to USARV, the 585th Transportation Company (Medium Truck Cargo); USARV and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant is entitled to this unit award and it should be added to his DD Form 214 at this time.

4. The 585th Transportation Company (Medium Truck Cargo) was awarded the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation. This unit award is not shown on his DD Form 214 because it was awarded after the applicant had been released from active duty. He is entitled to this unit award and it would be appropriate to have it added to his DD Form 214 at this time.

5. The applicant qualified marksman with his assigned M-14 Rifle. Orders announcing this qualification were published and are in his service personnel records. The applicant also qualified sharpshooter with the M-16 automatic rifle. These qualification badges are not shown on his DD Form 214. It would be appropriate to add these badges to his separation document at this time.

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

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RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant the Good Conduct Medal for the period 2 August 1967 through 6 June 1969;

         b. awarding the applicant: one silver service star to be affixed to his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Gold Star, Unit Citation; and adding these awards to the applicant's DD Form 214; and

         c. adding the already-awarded Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar to the applicant's DD Form 214.

2. That so much of the application as is in excess of the foregoing, that the unit history of the 585th Transport Company include a record and give recognition to eight soldiers who took part in a volunteer convoy in 1968, be denied.

BOARD VOTE:

__sk ____ ___mb__ ___rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Stanley Kelley_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088925
SUFFIX
RECON
DATE BOARDED	2003/11/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 102	107.0056
3. 140	107.0094
4.
5.
6.