PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000040377

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		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 that his Report of Transfer or Discharge, DD Form 214, be corrected to show he was awarded the Vietnam Service Medal with        3 bronze stars.

3.  The applicant states that he provides the General Orders and citations that show he was awarded 3 bronze stars.

4.  The applicant’s military records show that he enlisted in the Regular Army on 16 February 1970.  He arrived in Vietnam on 14 August 1970 and was assigned to Headquarters and Headquarters Troop and to Troop A, 1st Squadron, 9th Cavalry, 1st Cavalry Division Airmobile as a helicopter repairman.

5.  General Orders 3733, Headquarters, 1st Cavalry Division Airmobile dated     25 February 1971 awarded the applicant the Bronze Star Medal (BSM) for meritorious service for the period 13 August 1970 – 25 March 1971.

6.  General Orders 3924, Headquarters, 1st Cavalry Division Airmobile dated     26 February 1971 awarded the applicant the BSM 1st oak leaf cluster for meritorious achievement for the period 25 January – 23 March 1971.

7.  General Orders 39, Headquarters, 3d Brigade (Separate), 1st Cavalry Division Airmobile dated 16 April 1971 announced the award of the BSM.  The applicant’s name is not on the page of the orders provided; however, the citation on the reverse of this document shows the applicant was awarded the BSM for meritorious achievement for the period 22 February – 24 March 1971.

8.  The applicant departed Vietnam on 10 June 1971.  On 8 November 1971, he was honorably discharged, for hardship, after completing 1 year, 8 months and 23 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows his conduct and efficiency were rated as “excellent” for his entire service.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  In pertinent parts, it noted that the Vietnam Counteroffensive Phase VII campaign ran from 1 July 1970 – 30 June 1971 and that one bronze service star is 

authorized for wear on the Vietnam Service Medal for each campaign a soldier participated in.  It also stated that only one decoration would be awarded to an individual for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type of service already recognized by an award for meritorious service or achievement will not be the basis for a second award.

10.  Department of the Army Pamphlet 672-3 shows that 1st Squadron, 9th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 21 February 1970 – 28 February 1971.

CONCLUSIONS:

1.  The evidence of record shows that the applicant’s DD Form 214 correctly shows he was awarded the Vietnam Service Medal with one bronze service star. His tour in Vietnam coincided with only one campaign so he is entitled to wear only one bronze service star to recognize that participation.  The applicant is most likely confusing the Bronze Star Medal with the bronze service star.

2.  The applicant provides evidence to show that he was awarded the BSM on three different sets of orders.  The Board accepts the first two sets of orders as valid.  Although the periods overlap, one is for meritorious service and the other for meritorious achievement.  The Board does not accept the third set of orders as valid.  Based upon the citation provided with that partial order, the period of time noted in that award is almost completely encompassed by the period of time for which he received his second BSM and therefore was awarded contrary to regulation.

3.  The evidence of record shows that the applicant met the criteria for award of the Army Good Conduct Medal and that he was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm during a period of time he was assigned to the unit.

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 by showing that the applicant was awarded the Army Good Conduct Medal for the period 16 February 1970 – 8 November 1971.

2.  That the applicant’s DD Form 214 be amended to add the Bronze Star Medal with 1 oak leaf cluster, the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm.
3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jns___  __rjw___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040377	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.