BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090009134 


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 reconsideration of an earlier request that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster) and the Army Commendation Medal.

2.  The applicant states that he has the original orders for these medals to submit as additional evidence.

3.  The applicant provides orders for two awards of the Bronze Star Medal and the Army Commendation Medal in support of his request for reconsideration.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080004445 on 26 June 2008.

2.  The orders provided by the applicant are new evidence which will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 15 May 1968.  He arrived in Vietnam on 6 October 1968.  He served as an artillery crewman assigned to Battery C, 5th Battalion, 42nd Artillery, in Vietnam from 11 October 1968 through 17 December 1969.  On 18 December 1969, the applicant was released from active duty in the rank of sergeant after completing 1 year, 7 months, and 4 days of creditable active service with no time lost.

4.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

5.  Headquarters, U.S. Army Vietnam, General Orders Number 2400, dated 3 July 1969, show the applicant was awarded the Army Commendation Medal.

6.  Headquarters, U.S. Army Vietnam, General Orders Number 3339, dated 1 September 1969, show the applicant was awarded the Bronze Star Medal for meritorious service during the period October 1968 to October 1969.

7.  Headquarters, II Field Force Vietnam Artillery, General Orders Number 568, dated 11 December 1969, show the applicant was awarded the Bronze Star Medal for meritorious achievement during the period 1 September 1969 to 30 September 1969.

8.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 5th Battalion, 42nd Artillery, is entitled to award of the Meritorious Unit Commendation for actions during the period 25 April 1968 to 25 April 1969 based on Department of the Army General Orders Number 36, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows the 5th Battalion, 42nd Artillery, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

12.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14.  Army Regulation 672-5-1 (Military Awards), 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  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 including the Vietnam Service Medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two awards of the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with First Oak Leaf Cluster.

2.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The applicant was separated in the rank of sergeant with 1 year, 7 months, and 4 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 May 1968 through 18 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

BOARD VOTE:

___x____  ___x_____  ___x____  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 amendment of the ABCMR's decision in Docket Number AR20080004445, dated 26 June 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 15 May 1968 through 18 December 1969; and 

	b.  adding the Army Good Conduct Medal, the Bronze Star Medal with First Oak Leaf Cluster, the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class 


Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      _____________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)                                         AR20090009134



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ABCMR Record of Proceedings (cont)                                         AR20090009134



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