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ARMY | BCMR | CY2006 | 20060004501C070205
Original file (20060004501C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 OCTOBER 2006
      DOCKET NUMBER:  AR20060004501


      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. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his separation document be corrected to
reflect award of his Bronze Star Medal.

2.  The applicant states he was awarded the decoration for his service in
Vietnam.

3.  The applicant provides a copy of his Bronze Star Medal with "V" award
certificate in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 20 March 1967.  He was trained as an infantryman and
in August 1967 he was assigned to Vietnam with the 4th Battalion, 23rd
Infantry, part of the 25th Infantry Division.

2.  On 25 March 1968 the applicant was wounded in action and awarded the
Purple Heart.  As a result of his heroic actions during that same
engagement, he was awarded a Bronze Star Medal with "V" device.  Orders
issued by the 25th Infantry Division on 12 August 1968 confirmed the award.
 It was, however, omitted from his separation document.

3.  On 14 August 1968 the applicant was awarded an Army Commendation Medal
for meritorious service in connection with his service in Vietnam.  That
award was also confirmed in orders issued by the 25th Infantry Division and
omitted from his separation document.

4.  The applicant departed Vietnam in August 1968 and completed his service
at Fort Dix, New Jersey.  He was released from active duty on 19 March
1969.  His service was characterized as honorable.

5.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phases III, IV and V, and TET Counteroffensive) during the
applicant’s period of assignment.  Four bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and a Valorous Unit
Award during his tenure with the organization.  The unit awards were also
omitted from his separation document.

6.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  The applicant’s conduct and efficiency
ratings throughout his military service were excellent, and he had no
record of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal
with "V" device.  His records should be corrected to reflect that award.

2.  The evidence also confirms the applicant was awarded an Army
Commendation Medal and that he is entitled to four bronze service stars on
his Vietnam Service Medal, a Republic of Vietnam Gallantry Cross Unit
Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and a Valorous Unit Award.  His records should be
corrected accordingly.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 19 March 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 of 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 20 March 1967 through
19 March 1969.


BOARD VOTE:

___JM __  ___PF___  __RH___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by showing that he was awarded a Bronze Star Medal with "V" device
and an Army Commendation Medal;


      b.  by showing he is entitled to four bronze service stars on his
Vietnam Service Medal, a Republic of Vietnam Gallantry Cross Unit Citation
with Palm, a Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and a Valorous Unit Award; and


      c.  by awarding him the Army Good Conduct Medal for the period
20 March 1967 through 19 March 1969.



                                  ______John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004501                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|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.                      |                                        |


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