PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 February 2001                   
	DOCKET NUMBER:   AR2000048183

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 add the Purple Heart (PH) and the Bronze Star Medal (BSM).

3.  The applicant states that he earned the PH in May 1969 and the BSM in June 1971.  He provides no supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 19 September 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Crewman).

5.  The applicant arrived in Vietnam on or about 19 February 1969.  He was assigned to Company D, 3d Battalion, 8th Infantry, 4th Infantry Division on          24 February 1969 and to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division on 5 March 1969.  He departed Vietnam in a patient status on 10 May 1969.  General Orders 96, Headquarters, 67th Evacuation Hospital dated 4 May 1969 awarded him the PH for wounds received on 1 May 1969.

6.  The applicant returned to Vietnam on or about 20 September 1970 and was assigned to Company C, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division as a gunner.  On 26 December 1970, he was reassigned to Company A, 75th Support Battalion, 1st Brigade, 5th Infantry Division as an entertainment specialist.  He departed Vietnam on 1 August 1971.  He was released from active duty on 12 August 1971 after completing 2 years, 10 months, and 24 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.

7.  The U. S. Total Army Personnel Command indicated that it had no General Orders for the 5th Infantry Division on file.  It searched General Orders issued by Headquarters, 4th Infantry Division in 1969 and could find no BSM orders pertaining to the applicant.

8.  Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

9.  Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

10.  Army Regulation 600-8-22 provides for award of the Army Good Conduct Medal 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.  It provides for award of the Republic of Vietnam Campaign Medal to individuals who served      6 months in Vietnam.  It states that one bronze service star is authorized for wear with the Vietnam Service Medal for each credited campaign.

11.  Department of the Army Pamphlet 672-3 shows that Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division  was awarded the Republic of Vietnam Gallantry Cross with Palm for the period October            1966 – 28 July 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 October 1966 – 31 October 1969.  The 1st Battalion, 61st Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 30 – 31 October 1970.  The 75th Support Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm for the period          8 February – 30 April 1971.  The Pamphlet states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual although official military personnel records and historical records will indicate all awards received.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant served in Vietnam through three campaigns:  TET 69 Counter Offensive 1969  (23 February – 8 June 1969); Vietnam Counter Offensive Phase VII (1 July   1970 – 30 July 1971); and Consolidation I (1 July – 30 November 1971). 

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart.

2.  There is no evidence of record to show that the applicant was awarded the Bronze Star Medal.  The Board will reconsider his application upon request if he can provide evidence, such as orders or signed certificates or citations that show he was awarded the Bronze Star Medal.

3.  If the applicant does not have such evidence but feels he should have been awarded the Bronze Star Medal, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDO-PA, 200 Stovall Street, Suite 3S67, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

4.  The evidence of record shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal.

5.  The evidence of record also shows that the applicant is entitled to two awards each of the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  He is also entitled to award of the Republic of Vietnam Campaign Medal and three bronze service stars to be worn with the Vietnam Service Medal.

6.  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 19 September 1968 – 12 August 1971.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart; the Army Good Conduct Medal; two awards of the Republic of Vietnam Gallantry Cross with Palm; two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class; the Republic of Vietnam Campaign Medal; and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:  

__rvo___  __wtm___  __tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048183	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.