PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2002089254


         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. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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 Bronze Star Medals he received while in Vietnam be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that the Bronze Star Medals are not shown on his DD Form 214 and he would like to have them added.

4. In support of his application, the applicant provides a copy of an awards certificate awarding him the Bronze Star Medal, First Oak Leaf Cluster, and a copy of his DD Form 214.

5. The applicant’s military records show that he enlisted in the Regular Army for 2 years on 8 November 1968. He completed basic combat training at Fort Polk, Louisiana, and his advanced individual training at Fort Gordon, Georgia. After completing all required training, he was awarded the military occupational specialty (MOS), 72C (Central Office Telephone Switchboard Operator).

6. The applicant was assigned to Vietnam and he arrived there on 10 June 1969. He was assigned to Company A, 125th Signal Battalion, 25th Infantry Division. On 9 September 1969, he was reassigned, within the division, to Company A, 25th Supply and Transport Battalion. The applicant remained in this unit until 10 June 1970 when he was returned to the United States for release from active duty.

7. The applicant was awarded the Bronze Star Medal for meritorious achievement for the period 1 September 1969 to 30 November 1969 in General Orders Number 15772, Headquarters, 25th Infantry Division, dated 29 December 1969. The applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement for the period June 1969 to June 1970 in General Orders Number 4634, Headquarters, 25th Infantry Division, dated 26 April 1970.

8. The applicant was released from active duty, under the provisions of Army Regulation (AR) 635-200, chapter 5, section VII (Early Separation of Overseas Returnees), in the rank and pay grade of Specialist Four, E-4, with 1 year, 7 months, and 6 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. The Bronze Star Medals the applicant was awarded are not shown on his DD Form 214.

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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 three campaigns: the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; and the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970.

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.

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 125th Signal Battalion was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973. The unit citation and campaign participation credit register also shown that the 25th Supply and Transport Battalion, was awarded the Meritorious Unit Commendation for the period 16 February 1969 through 28 February 1970, by DAGO 2, dated 1971; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. These unit awards are not shown on the applicant's DD Form 214.

13. The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, in Paragraph 181, Special Orders 007, published by Headquarters, US Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 10 January 1969. The applicant was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar, in paragraph 202, Special Orders 106, published by Headquarters, US Army Southeastern Signal School, Fort Gordon, Georgia, dated 14 May 1969.

14. AR 672-5-1, then in effect, provides that the 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. All conduct (character) and efficiency ratings must be recorded as "Excellent" except that: (1) Rating of

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"Unknown" for portions of the period under consideration are not disqualifying; and, (2) service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The applicant was awarded two Bronze Star Medals, in effect, the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement while he served in Vietnam. These awards are not shown on his DD Form and it would be appropriate to add these awards to the applicant's DD Form 214 at this time.

2. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings, with exception of those given at a service school, throughout his active duty service. He attained the rank and pay grade of Specialist Four,
E-4, was awarded two Bronze Star Medals for meritorious achievement, and there is no record of lost time in the applicant's service personnel records. Based on this excellent service performed in a hostile fire area under combat conditions, the Board determined that he is entitled to award of the Good Conduct Medal for the period 8 November 1968 through 13 June 1970 and to have it added to his DD Form 214.

3. The applicant participated in three campaigns during his tour of duty in Vietnam. He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his separation document.

4. The applicant served in a unit, the 125th Signal Battalion, 25th Infantry Division, during his tour of duty in Vietnam. This unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant was also assigned to the 25th Supply and Transport Battalion, in the same division. This unit was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. These unit awards are not shown on his DD Form 214 because they were awarded after the applicant had been released from active duty. He is entitled to these unit awards and it would be appropriate to have them added to his DD Form 214 at this time.

5. The applicant qualified expert with his assigned M-14 rifle. Orders announcing this qualification were published and are in his service personnel records. The applicant also qualified expert 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.

RECOMMENDATION:

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 8 November 1968 through 13 June 1970; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding these awards to the applicant's DD Form 214; and

         b. adding the already-awarded Bronze Star Medal (First Oak Leaf Cluster) and the Expert Marksmanship Qualification Badge, with Rifle Bar, and the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar, to the applicant's DD Form 214.

BOARD VOTE:

__gw____ ___fe ___ __au____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn _____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089254
SUFFIX
RECON
DATE BOARDED	2003/11/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3.
4.
5.
6.