PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 August 2000                   
	DOCKET NUMBER:   AR2000036462

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire 		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 that his records be corrected to show that he was awarded the Bronze Star Medal (BSM) and a second Army Commendation Medal (ARCOM) for his service in Vietnam.

3.  The applicant states that when he was leaving Vietnam, his battalion commander presented him with the BSM and the ARCOM during a ceremony at battalion headquarters.  He states he was not actually given the medals, but was told they would be forwarded to him.  He never received them.

4.  The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 2 July 1969.  He underwent Basic Combat Training (BCT) at Fort Dix, New Jersey, followed by an assignment to Fort Gordon, Georgia for Advanced Individual Training (AIT) in military occupational specialty (MOS) 72B (communications center specialist).  He did not complete this training and was reassigned to Fort Leonard Wood, Missouri for training in MOS 94B (cook).  While at Fort Leonard Wood, he was absent without leave (AWOL) from 30 September 1969-5 October 1969.  He accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, and forfeited $50 per month for 2 months, performed 45 days of extra duty and was restricted for 45 days.

5.  Following completion of all required military training, the applicant was placed on orders for Vietnam and transferred to the Overseas Replacement Station, Oakland Army Base, California.  While there, he went AWOL from 22-27 January 1970 and accepted his second NJP.  As punishment, he was reduced from private (E-2) to private (E-1).

6.  The applicant arrived in Vietnam on/about 30 January 1970 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division as a cook.  He served with that unit until 30 October 1970 when he was reassigned to Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery, 101st Airborne Division.  He remained with this unit until he was reassigned back to the United States on/about 4 February 1971.  Prior to departing the 4th Infantry Division, he was cited on General Orders Number 5169, dated 16 October 1970, for award of the ARCOM.

7.  The applicant was separated with an honorable discharge at Fort Lewis, Washington on 7 February 1971.  He had 1 year, 7 months, and 1 day of creditable service and 10 days of lost time due to AWOL.  His DD Form 214, Report of Transfer or Discharge, shows that he was awarded one ARCOM, the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Bars, and the Marksmanship Badge (M-14 and M-16 Rifle). It also only shows 5 days of lost time.

8. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards and provides, in pertinent part, that the BSM and the ARCOM 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.

9.  The regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served in Vietnam during the following campaigns:  Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive, Phase VII.

10.  The regulation also authorizes award of the Army Good Conduct Medal (AGCM) 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.

11.  Department of the Army Pamphlet (DA PAM) 672-3 is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  It shows that the 35th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm during the period 29 July 1969 to 17 November 1970.

CONCLUSIONS:

1.  There is no evidence in the record, and the applicant has provided none, to show that he was ever awarded the BSM or a second ARCOM for his duty with the 101st Airborne Division in Vietnam.

2.  The applicant is entitled to wear three bronze service stars with his Vietnam Service Medal.

3.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm.

4.  Although he accepted NJP twice for being AWOL, there is nothing in the applicant's record to show that he was disqualified from receiving the AGCM.  He is, therefore, entitled to that award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding to the individual concerned the AGCM, three bronze service stars with his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__tdh___  __aao___  __gjw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Thomas D. Howard Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2000036462	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.	107.0056	
3.	107.0094	
4.		
5.		
6.