PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            6 July 2000       
	DOCKET NUMBER:   AR1999028573

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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, award of the Bronze Star Medal.  He states that he was told by his platoon sergeant near the end of his tour of duty in Vietnam that he was being recommended for award of the Bronze Star Medal.  He notes that he “walked point for 9 months in [his] infantry platoon.”  He states that the decoration “has never been recorded or presented.”  (Note:  His request for award of the Combat Infantryman Badge and issuance of his two Air Medals has been administratively corrected and as such will not be addressed by the Board.)

3.  Records available to the Board indicate the applicant entered active duty on 16 January 1968 and briefly attended engineer officer candidate training at Fort Belvoir, Virginia following successful completion of basic and advanced individual training.  While undergoing basic training the applicant was awarded an Expert Qualification Badge with Machinegun Bar, a Sharpshooter Qualification Badge with Rifle Bar (M-14), and a Marksmanship Qualification Badge with Rifle Bar 
(M-16).

4.  In November 1968 he was reassigned from Fort Belvoir to Vietnam and assigned duties as an infantryman with Company B, 1st Battalion, 18th Infantry.  In August 1969 he was promoted to pay grade E-4 and in September 1969 he was reassigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division.  While in Vietnam the applicant participated in four designated campaign periods (Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive-1969, Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970) which entitles him to four bronze service stars on his Vietnam Service Medal.

5.  The applicant returned to the United States in January 1970 and on 7 January 1970 was honorably discharged.  His conduct and efficiency ratings throughout his military service were excellent.  His bronze service stars, denoting participation in designated campaigns while in Vietnam, and his entitlement to the various Marksmanship Qualification Badges, were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge (currently known as the Certificate of Release or Discharge from Active Duty)).

6.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1st Battalion, 18th Infantry) was awarded a Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class during his tenure with that unit.  The pamphlet also notes that while the applicant was a member of Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division the unit was awarded a Meritorious Unit Commendation (Army).  

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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 

8.  Army Regulation 600-8-22 also provides, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any other than his own statement, which confirms he was ever recommended for or awarded the Bronze Star Medal.

2.  The Board notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 7 January 1970 when he was honorably discharged from active duty.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.  His conduct and efficiency ratings were consistently excellent and as such the Board concludes that it would be in the interest of justice to award him the Army Good Conduct Medal for the period 18 January 1968 through 7 January 1970.

3.  The Board also notes that the applicant’s award of the Expert Qualification Badge with Machinegun Bar, a Sharpshooter Qualification Badge with Rifle Bar (M-14), and a Marksmanship Qualification Badge with Rifle Bar (M-16) and four bronze service stars on his Vietnam Service Medal were omitted from his 1970 DD Form 214.  The evidence also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class, and a Meritorious Unit Commendation (Army).  It would be appropriate to correct his records accordingly.

4.  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 showing that the individual concerned was awarded the Expert Qualification Badge with Machinegun Bar, a Sharpshooter Qualification Badge with Rifle Bar (M-14), and a Marksmanship Qualification Badge with Rifle Bar (M-16);
b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class, and a Meritorious Unit Commendation (Army);

c.  by showing that he is entitled to four bronze service stars on his Vietnam Service Medal denoting participation in four designated campaign period; and

d.  by awarding him the Army Good Conduct Medal for the period 
18 January 1968 through 7 January 1970.

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

BOARD VOTE:  

___cmf__  ___emw__  ___jpi__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028573	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.