PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000040178

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 award of the Bronze Star Medal.

3.  The applicant states that he has been trying for several years to obtain an award of the Bronze Star Medal for which he was recommended in Vietnam.

4.  The records available to the Board show that, at the time in question, the applicant was a member of the United States Marine Corps (USMC) in the rank of Lance Corporal assigned to the Military Assistance Command, Vietnam (MACV), Advisory Team 15 in Vietnam from 2 September 1970 to 27 April 1971. The applicant was honorably discharged from the USMC in the rank of sergeant on 13 August 1974.  After his separation from the Marine Corps, the applicant served in the New Jersey Army National Guard from 23 July 1983 through 30 October 1984.

5.  The applicant submitted a copy of MACV Form 200 (Recommendation for Decoration for Merit), dated 9 April 1971.  This document recommended the applicant for award of the Bronze Star Medal for meritorious service for the period 2 September 1970 to 27 April 1971.  Accompanying the recommendation for award was a proposed citation which described the applicant’s achievements. 

6.  The recommendation for award was signed by the Assistant District Senior Advisor.  It was forwarded with a recommendation for approval by the Province Senior Advisor through the Commanding General of XXIV Corps/CORDS to the Commanding General of the United States Military Assistance Command, Vietnam (COMUSMACV).  There is no indication that the award was acted upon by the Commanding General of XXIV Corps/CORDS or COMUSMACV.

7.  The applicant wrote to the Navy Personnel Command regarding his award of the Bronze Star Medal.  On 18 January 2000, the Head of the Retired Records Section of the Navy Personnel Command responded to the applicant in part as follows:  “We suggest that you obtain the correct documentation from the U. S. Army showing that you were awarded the Bronze Star Medal by them.”

8.  Paragraph 1-36 of Army Regulation 600-8-22 (Military Awards) provides that Army awards to members of other services will be forwarded for concurrence by the appropriate military department.  Accordingly, the recommendation for award of the Bronze Star Medal for service to the applicant was coordinated with the Head of the USMC Military Awards Branch.  The USMC Military Awards Branch determined that he had not received an award for service for this same period and nonconcurred in award of the Bronze Star Medal, but did concur in award of the Army Commendation Medal.

9.  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. 

10.  United States Military Assistance Command, Vietnam, Directive Number 
672-1 (Decorations, Awards and Honors) prescribed the policies governing award of military decorations to members of United States Forces and other Free World Forces assigned to MACV.  This directive required that recommendations for award be submitted on MACV Form 200 regardless of the branch of service of the individual and that all awards will be processed through the Adjutant General of MACV.  MACV Directive 672-1 defined meritorious service as: ”Praiseworthy execution of duties over a period of time not less than six months” and further directed:  “It is the policy of this command to recognize with an appropriate award all deserving individuals who distinguished themselves by acts of valor, service or extraordinary achievement.”

11.  United States Army Vietnam Regulation 672-1 (Military Awards) governed in pertinent part (Appendix 1) approval authorities for military awards in Vietnam.  This regulation stated that the Commanding General of XXIV Corps was an authorized approval authority for award of the Bronze Star Medal.

CONCLUSIONS:

1.  There are no orders available in the records available to the Board, and the applicant has provided no orders, which show that he was awarded the Bronze Star Medal for his meritorious service in Vietnam as a member of MACV Advisory Team 15.

2.  USMACV Directive 672-1 governed the processing of recommendations for awards to personnel of all services assigned to MACV.  Review of the award recommendation in the applicant’s case reveals that it was submitted in accordance with the governing directive.

3.  There is no evidence of action on the award recommendation for award of the Bronze Star Medal to the applicant by the award approval authority, who in this case was the Commanding General of XXIV Corps.  Since Headquarters MACV was inactivated over 25 years ago, final action cannot be taken on this award by MACV authorities.

4.  Based on the response by the Department of the Navy to the applicant’s inquiry on his award of the Bronze Star Medal, it is clear that the Navy has deferred to the Army in this matter and any recognition of the applicant’s service in Vietnam must be forthcoming from the Army.

5.  The Board has reviewed the draft citation for the applicant’s award of the Bronze Star Medal and has determined as a matter of equity and justice the applicant earned and deserves recognition for his service as a member of MACV Advisory Team 15.  However, the Board also noted the nonconcurrence by the USMC Military Awards Branch with award of the Bronze Star Medal and its concurrence with award of the Army Commendation Medal instead. 

6.  Based on the foregoing, the Board has determined that the Department of the Army should award the Army Commendation Medal for meritorious service to the applicant for his service as a member of MACV Advisory Team 15 for the period 2 September 1970 to 27 April 1971. 

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

RECOMMENDATION:

1.  That the Department of the Army award to the individual concerned (a Lance Corporal in the United States Marine Corps at the time in question) the Army Commendation Medal for meritorious service as a member of Military Assistance Command Vietnam Advisory Team 15 for the period 2 September 1970 to 27 April 1971.

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

BOARD VOTE:  

__JHK___  __CLG__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. John H. Kern___
		        CHAIRPERSON

INDEX

CASE ID	AR2000040178	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0014.0000	
2.		
3.		
4.		
5.		
6.