PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            11 May 2000                  
	DOCKET NUMBER:   AR2000039245

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James M. Alward		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 that his records be corrected to reflect award of the Bronze Star Medal and Army Commendation Medal.  He notes he received both awards while in Vietnam and notes a handwritten entry on his DA Form 20 (Enlisted Qualification Record) to support his claim for the Bronze Star Medal.

3.  Records available to the Board indicate the applicant entered active duty in 1964 and was discharged for the purpose of immediate reenlistment in June 1966.  He was promoted to pay grade E-6 in November 1967 and assigned to Vietnam as a supply sergeant in June 1968.  He departed Vietnam in June 1969. His conduct and efficiency ratings were excellent.

4.  Item 41 (awards) contains a pencil entry noting "28 Mar 69 BSM" although the applicant's records do not contain any orders confirming the award.

5.  Upon the applicant's return to the United States he was assigned to Fort Lewis, Washington were it appears he began to experience financial problems and was ultimately reduced to pay grade E-5 for inefficiency in 1971.  He subsequently departed AWOL and was dropped from the rolls of the Army in June 1971.

6.  On 16 June 1971 he was apprehended by civil authorities and confined for "aiding and abetting 1st degree forgery."  Following his civil confinement the applicant returned to military control and on 12 August 1971 was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial.

7.  In 1979 the applicant's under other than honorable conditions discharge was upgraded to a general discharge under a Department of Defense Special Discharge Review Program.

8.  Army Regulation 600-8-22 provides that the Bronze Star Medal and Army Commendation Medal are personal decorations which  may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army, distinguished himself 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.

CONCLUSIONS:

1.  The applicant’s records contain a pencil entry in item 41 (awards) on his Enlisted Qualification Record indicating he was awarded a Bronze Star Medal in March 1969.  While there are no orders confirming the award, based on the applicant’s grade and excellent conduct and efficiency rating while in Vietnam the Board concludes, in the interest of justice, it would be appropriate to award him the Bronze Star Medal for meritorious service between June 1968 and June 1969.

2.  Although the applicant clearly had problems after his return to the United States that should not diminish his service in Vietnam nor serve as a basis to deny him entitlement to the Bronze Star Medal. 

3.  However, there is no evidence, nor has the applicant provided any, that he was ever recommended for, or awarded the Army Commendation Medal.

4.  In view of the foregoing, and in the interest of justice, 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 by awarding the individual concerned a Bronze Star Medal for meritorious service while in Vietnam.

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

BOARD VOTE:  

__rvo___  ___jma__  ___cjp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039245	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000511	
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.