PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 December 1999
	DOCKET NUMBER:   AR1999023439

	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	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		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 correction of his military records to show he was awarded two Silver Stars.  He states that his DD Form 214 (Report of Transfer or Discharge) was in error by omitting these awards at the time of separation.  In support of his request, he submits a copy of order awarding him the Silver Star and his DD Form 214.

3.  The applicant’s military records show that he was inducted on 3 April 1968 and, after training, was assigned to Vietnam.  He served with the 2d Battalion, 
12th Cavalry, as a medical corpsman.  He progressed rapidly and was promoted to specialist five (E-5) on 6 August 1969.

4.  On 2 October 1969, general orders number 12038 were published by the 
1st Cavalry Division awarding him the Silver Star for gallantry in action.

5.  On 4 November 1969, the applicant returned to the United States and was honorably separated at Oakland, California.  His DD Form 214 shows his awards and decorations as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Purple Heart and Bronze Star Medal.

6.  The applicant served in Vietnam through four campaigns:  Vietnam Counteroffensive Phases V and VI, Tet 69 Counteroffensive, and Vietnam Summer-Fall 1969.

7.  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. 

8.  Army Regulation 600-8-22 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 service stars will be worn on the appropriate service medal.

9.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations, including the Presidential Unit Citation and Meritorious Unit Citation.  The organization to which the applicant was assigned in Vietnam was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal during the period of his assignment.

CONCLUSIONS:

1.  The applicant’s records confirm he was awarded the Silver Star in Vietnam.  There is no substantiating documentation to show that he was entitled to or recommended for a second award of the Silver Star.

2.  The applicant met the qualifications for award of the Good Conduct Medal.

3.  The applicant served under four campaigns during his service in Vietnam and is entitled to three Bronze Service Stars with his Vietnam Service Medal.

4.  The applicant is entitled to the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Action Honor Medal based on his assignment with the 2d Battalion, 12th Cavalry, in Vietnam.

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

RECOMMENDATION:

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

     a.  by awarding the individual concerned the Good Conduct Medal for the period 3 April 1968 through 4 November 1969; and

     b.  by amending the applicant’s DD Form 214 to add the aforementioned Good Conduct Medal, the Silver Star, three Bronze Service Stars with his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Action Honor Medal.

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

BOARD VOTE:  

__TNK__  __EB____  __MDM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__THOMAS N. KUHN__
		        CHAIRPERSON

INDEX

CASE ID	AR1999023439	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.