PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 August 1999
	DOCKET NUMBER:        AR1999016223

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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).

3.  The applicant states, in effect, that his DD Form 214 does not show the award of the Bronze Star Medal.  In support of his application he submits a copy of an award certificate for the Bronze Star Medal and a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 14 November 1970 as a military policeman.  He served in Vietnam from 14 November 1970 to 21 January 1972 and from 23 August 1972 to 29 March 1973 and was honorably discharged on 13 November 1973.

5.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, the Vietnam Cross of Gallantry with Palm Unit Citation, three Overseas Service Bars, the Sharpshooter Qualification Badge (M16 Rifle) and the Vietnam Campaign Medal with 60 Device.  His discharge document does not show the 
Bronze Star Medal as an authorized award.

6.  The applicant provides a copy of an award certificate, which shows that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces while serving in Vietnam from August 1972 to March 1973.

7.  The Board notes that the applicant is entitled to the Vietnam Civil Actions Honor Medal First Class Unit Citation, the National Defense Service Medal (NDSM) and the first award of the Good Conduct Medal for the period 14 November 1970 to 13 November 1973, which are not shown on his discharge document.

8.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order 6, dated 1973.

9.  Records show the applicant’s honorable active service occurred during a period of eligibility for award of the NDSM.

10.   There is no indication in the available 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 ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

11.  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.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

13.  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.  

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Bronze Star Medal to the applicant.  However, the applicant has provided evidence that he was awarded the Bronze Star Medal and the Board has determined that evidence is sufficient as a basis for correction of his records to show this award.  Therefore, the applicant is entitled to correction of his records to show award of the Bronze Star Medal.

2. The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this 
award.

3.  Evidence of record shows that the applicant served a period of qualifying service for award of the NDSM between the period of 1 January 1961 through 
14 August 1974; therefore, he is entitled to correction of his records to show that he was awarded the National Defense Service Medal.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 14 November 1970 to 13 November 1973 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 Vietnam Civil Actions Honor Medal First Class Unit Citation, the National Defense Service Medal and the first award of the Good Conduct Medal for the period 14 November 1970 to 13 November 1973.

BOARD VOTE:  

RVO____  JMA____  MW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999016223	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990812	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19731113	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 60		
2.  102		
3.  		
4.		
5.		
6.