PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 9 September 1999                  
	DOCKET NUMBER:         AR1999015403

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Bronze Star Medal (BSM), the Air Medal (AM) with 2nd Oak Leaf Cluster, the Army Commendation Medal (ARCOM), the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM) with four bronze service stars, the Vietnam Campaign Medal with 60 Device, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation and the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant states, in effect, that he was discharged on temporary records due to loss of his medical and personnel records at Cam Rahn Bay, Vietnam prior to his departure for CONUS (Continental United States).  He also states that his decorations and awards to which he was entitled were omitted from his 
DD Form 214 due to unavailability of orders.

4.  The applicant’s military records show he was inducted on 24 April 1969 as a light weapons infantryman.  He served in Vietnam from 10 October 1969 to 5 November 1970 and was honorably discharged on 9 November 1970.  His 
DD Form 214 shows in item 30 (remarks) that he was separated on temporary records.

5.  His DD Form 214 shows he was awarded the National Defense Service Medal.  His discharge document does not show any other awards.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 10283, dated 1 September 1970, shows he was awarded the BSM.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 5300, dated 13 May 1970, shows he was awarded the Air Medal for the period 6 December 1969 to 20 April 1969.

8.  There is no evidence in the applicant’s personnel records to show that he was awarded the Army Commendation Medal.

9.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 29,
dated 23 January 1970, show the applicant was awarded the CIB.

10.  The applicant served in Vietnam from 10 October 1969 to 5 November 1970 and participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring, the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII Campaigns.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of the
Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

13.  There is no evidence in the applicant’s personnel records, which shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  The Board notes that the applicant is entitled to the first award of the Good
Conduct Medal for the period 24 April 1969 to 9 November 1970 which is not shown on his discharge document.

15.  There is no indication in the applicant’ personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.

16.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

18.  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.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and 
direct combat support to the Republic of Vietnam and Armed Forces. 

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit was not cited for award of the Presidential Unit Citation for the period 10 October 1969 to 5 November 1970.

21.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit was not cited for award of the Meritorious Unit Commendation for the period 10 October 1969 to 5 November 1970.

22.  Army Regulation 600-8-22, in pertinent part, set forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded is to indicate the degree in which an individual has qualified in a prescribed course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

23. 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.  

CONCLUSION

1.  Evidence of record shows he was awarded the Bronze Star Medal; therefore, he is entitled to correction of his records to show the Bronze Star Medal.

2.  There is no evidence to show that he was awarded any additional awards of the Air Medal; therefore, he is entitled to correction of his records to show only one award of the Air Medal.
3.  There is no evidence of record that shows he was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to correction of his records to show this award.

4.  Evidence of record shows that he was awarded the CIB; therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record shows that he participated in four Campaigns.  Therefore he is entitled to the correction of his records to show the Vietnam Service Medal 
with four bronze service stars 

6.  The applicant completed a period of qualifying service for award of the Vietnam Campaign Medal with 1960 Device; therefore, he is entitled to correction of his records to show this award.

7.  Evidence of record shows that the applicant’s unit is not entitled to the Presidential Unit Citation and the Meritorious Unit Commendation; therefore, he is not entitled to correction of his records to show these awards.

9.  The applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

10.  There is no evidence or record to show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar; therefore, he is not entitled to this award.

11.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 April 1969 to 9 November 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

12.  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 by showing in item 24 (Decorations and Awards) of his DD Form 
214 that he was awarded the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal with 60 Device, the Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation and the first award of the Good Conduct Medal for the period 24 April 1969 to 9 November 1970.
2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

EJO_____  INW____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015403	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990909	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701109	
DISCHARGE AUTHORITY	AR 635-200.	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	107.00	
2.  		
3.  		
4. 		
5.  		
6.