PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 August 2000
	DOCKET NUMBER:   AR2000041040

	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. 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3.  The applicant states that he was awarded the Bronze Star Medal, but never received it.  In support of his application, he submitted a letter, dated 11 July 1998, from his platoon sergeant at the time in question.

4.  The applicant’s military records show that he was inducted on 9 February 1962.  He served as an armored intelligence specialist in Germany until he was honorably discharged on 27 January 1964.  

5.  The applicant reentered active duty on 26 February 1968 and served in Vietnam from 1 July 1968 to 1 July 1969.  He was honorably discharged on 25 February 1971.  

6.  The applicant’s DD Form 214 covering his service in Vietnam does not show the Bronze Star Medal as an authorized award.  There are no General Orders showing that the applicant was awarded the Bronze Star Medal and there is no indication of a recommendation for award of the Bronze Star Medal to the applicant.

7.  The letter from the applicant’s former platoon sergeant describes an event in Vietnam where three enemy mortar positions had pinned down an infantry unit.  The applicant was in armor force at the scene and he fired the main gun of his tank at the enemy mortar positions and destroyed them.  The platoon sergeant states the applicant’s actions saved many lives and prevent more troops from being wounded.  This letter makes no mention of an award recommendation.

8.  The Board noted that the applicant’s DD Form 214 showed no unit awards for his service in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 18 June 1969 by Department of the Army General Orders Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

11.  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.

CONCLUSIONS:

1.  There is no evidence that the applicant was recommended for or was awarded the Bronze Star Medal; therefore, there is no basis for award of the Bronze Star Medal or correction of his records to show this award.

2.  The applicant was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__GW___  __TDH___  _ AAO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Thomas D. Howard, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000041040	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710225	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.