PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000042472

	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. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 show he was awarded the Bronze Star Medal (BSM).

3.  The applicant states that he volunteered to extend his tour in Vietnam from December 1970 to July 1971 to help his unit prepare to withdraw from Vietnam.  His company commander told him that if he would extend he would put him in for a BSM for meritorious service.  He received the BSM medal set from the company clerk in May 1972 but he never received the orders.  He realizes he should have pursued this earlier but personal affairs (marriage, family, etc.) delayed him.  As supporting evidence he provides a xerox copy of the medal he received.

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 June 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 76P (Stock Control Accounting Specialist).  He was later awarded primary MOS 76Y (Equipment Storage Specialist).

5.  The applicant arrived in Vietnam on or about 26 December 1969 and was assigned to Headquarters and Headquarters Detachment, 71st Transportation Battalion (Terminal) as a supply sergeant.  He was awarded the Army Commendation Medal for meritorious service from December 1969 to January 1971.  He departed Vietnam on 22 July 1971.  He was honorably released from active duty on 24 January 1972 after completing 2 years, 6 months and 29 days of creditable active service with no time lost.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his enlistment.

6.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the BSM was awarded to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  The BSM may be awarded for meritorious achievement or meritorious service to recognize single acts of merit or meritorious service.  The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction.  The regulation also 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.

7.  An Addendum to DA Form 1557, Authorization for Issuance of Award, shows that the applicant was entitled to wear the Republic of Vietnam Gallantry Cross with Palm.

CONCLUSIONS:

1.  There is no evidence of record and the applicant provides insufficient evidence to show that he was awarded the BSM.   A corroborating statement from the applicant’s company commander confirming he told the applicant he would recommend the applicant for the BSM if he extended, that he actually submitted the recommendation, and that the recommendation was approved could possibly be sufficient evidence.  A corroborating statement from the applicant’s company clerk confirming that he actually received the approved recommendation, explaining what may have happened to the award orders, and that he actually sent the applicant a BSM medal set based upon the approved recommendation and orders could also possibly be sufficient evidence.  

2.  The evidence of record does show that the applicant was entitled to award of the Army Good Conduct Medal for the period 26 June 1969 through 24 January 1972 and to the Republic of Vietnam Gallantry Cross with Palm.

3.  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 awarding the applicant the Army Good Conduct Medal for the period 26 June 1969 through 24 January 1972.

2.  That the applicant’s DD Form 214 be amended to add 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:  

__gdp___  __mhm___  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042472	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.