PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000041937

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show the award of the Silver Star (SS).

3.  The applicant states in effect, that the Silver Star award is not listed on his DD Form 214.  He submits a copy of an article from the Stars & Strips in support of his application.

4.  The applicant’s military record shows that he enlisted in the Regular Army on 4 January 1967, for 3 years,  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  His Enlisted Qualification Record shows his conduct and efficiency ratings throughout his period of service as “excellent”.

5. He was assigned to the Republic of Vietnam (RVN) from 30 June 1967 to 
9 February 1968.  On 1 July 1968, the applicant was placed on the Permanent Disability Retired List in pay grade E-3.  He completed 1 year, 5 months and 
28 days of creditable active service. His DD Form 214, shows that he was awarded the Purple Heart w/oak leaf cluster, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Badge w/ Machine Gun Bar, the Sharpshooter Badge w/rifle bar.  It does not show the award of the Silver Star or the Army Good Conduct Medal.

6.  General Order #9335, dated 27 December 1967, from the 1st Infantry Division awarded the applicant the Silver Star for gallantry in action against an enemy of the United States while engaged in military operations on 30 October 1967.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Good Conduct Medal is 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 rating must have been rated as “excellent” for the entire period of qualifying service.

9.  Army Pamphlet 672-3 shows that the 1st.Infantry Division was awarded the Meritorious Unit Commendation for the period 1 January to 31 December 
1968, the RVN Gallantry Cross w/Palm for the period 12 July 1965 to 16 October 1968 and the RVN Civil Actions Honor Medal for the period October 1965 to 
7 April 1970.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was entitled to the Silver Star.  General Orders #9335 of 27 December 1967, awards the applicant the Silver Star for gallantry in action against an enemy of the United States while engaged in military operations.

2.  The records available to the Board indicates that the applicant met the regulatory requirements and was eligible to receive the Army Good Conduct Medal for the period 4 January 1967 to 1 July 1968.

3.  The evidence of record also shows that the applicant was assigned to the 
1st Infantry Division during the time the unit was awarded the RVN Gallantry Cross w/Palm for the period 12 July 1965 – 16 October 1968, the RVN Civil Actions Honor Medal for the period October 1965 – 7 April 1970 and the 
Meritorious Unit Commendation for the period 1 January – 31 December 1968.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  awarding the applicant the Army Good Conduct Medal 1st award for the period 4 January 1967 to 1 July 1968; and 

b.  correct the applicant’s DD 214 to show the awards of the Silver Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross w/Palm for the period 12 July 1965 – 16 October 1968, the Republic of Vietnam Civil Actions Honor Medal for the period October 1965 – 7 April 1970 and the Meritorious Unit Commendation Medal for the period 1 January – 31 December 1968.

BOARD VOTE:  

__eja___  __alr___  __bfh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elzey J. Arledge, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041937	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.