PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           4 November 1998    
	DOCKET NUMBER:   AC98-09919

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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.

2.  The applicant requests, in effect, that orders for award of the Bronze Star Medal be placed in his military records.

3.  The applicant states, in effect, he was awarded the Bronze Star Medal in November or December 1967 and the orders were “lost”. 

4.  The applicant’s military records show he entered active duty on 25 January 1965, served in Vietnam from 31 December 1966 to 30 December 1967 and was separated with an honorable discharge on 24 December 1967.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the Bronze Star Medal as an authorized award.   The Board notes the applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation which is not shown on his DD Form 214.

6.  There are no orders for award of the Bronze Star Medal in the applicant’s personnel records.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows an entry, altered to read “BSM” followed by GO#2174Hq1AvnBde 3Jun67” [Bronze Star Medal, General Orders #2174, Headquarters, 1st Aviation Brigade, 3 June 1967].

7.  The applicant’s records contain a copy of the 1st Aviation Brigade, General Orders Number 2174, dated 3 June 1967, which awards the applicant the first award of the Air Medal also commonly referred to at the time in question as the “Basic Air Medal” or “BAM”. 

8.  There is no evidence of record that the application was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

9.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 22, dated 1968.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

11.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  Contrary to the applicant’s contention that his orders for the Bronze Star Medal were “lost”, evidence of record shows the applicant was not awarded the Bronze Star Medal (BSM), but was awarded the Basic Air Medal or “BAM”.  As a result, the Board has determined the entry “Bronze Star Medal” is an administrative error and should be deleted from the applicant’s DD Form 214.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period of 25 January 1966 through 24 December 1967 based on completion of a period of qualifying service ending with termination of a period of Federal military service.

3.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

     a.  by deleting the entry “Bronze Star Medal” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and

     b.  by showing he was awarded the first award of the Good Conduct Medal for the period of 25 January 1966 through 24 December 1967 and the Vietnam Cross of Gallantry with Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON