IN THE CASE OF:	   

		BOARD DATE:	  	    9 December 2008

		DOCKET NUMBER:  AR20080009406 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Air Medal (AM) and Bronze Star Medal (BSM) be added to his separation document (DD Form 214).

2.  The applicant states, in effect, that he received the paperwork and certificates for the AM and BSM.  However, he never actually received the medals nor were these awards included in the list of awards contained on his DD Form 214.

3.  The applicant provides the following documents in support of his application:  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 14032, dated 28 November 1970; BSM Citation; and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was initially inducted into the Army of the United States (AUS) and entered active duty on 27 January 1970.  He was trained in and awarded MOS 11B (Light Weapons Infantryman), and specialist four (SP4) is the highest rank he attained while serving on active duty.   

2.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 29 June 1970 through 8 September 1971. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company B, 2nd Battalion, 506th Infantry Regiment, performing duties in MOS 11B as a rifleman and senior scout observer.  

3.  Item 38 of the applicant’s DA Form 20 also shows he received "Excellent" conduct and efficiency ratings at each of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); Army Commendation Medal (ARCOM); RVN Campaign Medal (RVNCM); and Sharpshooter Marksmanship Qualification Badge with Machine Rifle, Pistol and Grenade Launcher Bars.

5.  The applicant's record contains a copy of Headquarters, 101st Airborne Division General Orders (GO) Number 14032, dated 28 November 1970, which awarded the applicant the AM for his meritorious achievement while participating in aerial flight on 23 July 1970.  

6.  On 9 September 1971, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 7 months and 3 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the NDSM, VSM, CIB, ARCOM, RVNCM, and Sharpshooter Marksmanship Qualification Badge with Rifle, Pistol and Grenade Launcher Bars.    

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is web based index maintained by the Military Awards Branch of the United States Army Human Resources Command that contains award orders issued during the Vietnam Era.  This search failed to produce BSM orders for the applicant.   

8.  The applicant provides a copy of a BSM Citation, which shows he was awarded the BSM for his meritorious service in the RVN during the period June 1970 through April 1971.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  
10.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the BSM.  The regulation stipulates that this award must be approved by the proper award approval authority and announced in official orders.  

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company B, 2nd Battalion, 506th Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.  It also shows that during the applicant's assignment tenure in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VII and Consolidation I campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the AM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the AM for his meritorious achievement while participating in aerial flight on 23 July 1970, as evidenced by the AM orders on file in his record.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.

2.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 27 January 1970 through 9 September 1971.

3.  The evidence also confirms that based on his RVN service and campaign participation, the applicant is also entitled to RVN Gallantry Cross with Palm Unit 
Citation and 2 bronze service stars with his Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time. 

4.  The applicant's claim of entitlement to the BSM and the document he provided in support of his claim were also carefully considered.  However, there are no BSM orders on file in his record, or on file in the ADCARS.  As a result, absent any evidence of record to corroborate the information contained on the certificate he provides or that confirms he was awarded the BSM by proper authority and that this award announced in official orders, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 27 January 1970 to 9 September 1971;

	b.  deleting from the applicant's DD Form 214 the Vietnam Service Medal;

	c.  adding to the applicant's DD Form 214 the Army Good Conduct Medal, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars; and

	d.  providing the applicant a correction to his separation document that includes these awards.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal.



      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080009406



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ABCMR Record of Proceedings (cont)                                         AR20080009406



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