PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 August 2001
	DOCKET NUMBER:   AR2000050382

	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. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. William D. Barr		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 military records to show award of the Bronze Star Medal.

3.  The applicant states that he was awarded the Bronze Star Medal by a lieutenant general at Fort Hood, Texas in 1971.  He also states that he is requesting correction of his records so that he can obtain the Bronze Star Medal automobile license plates from the State of North Carolina.  In support of his application, he submitted a photograph processed by the Post Photo Facility at Fort Hood, Texas, of a general officer awarding a Bronze Star Medal to an unidentified Army sergeant.

4.  The applicant’s military records show that he enlisted in the Regular Army on 1 July 1968 for 4 years.  He completed training as radio teletype operator and served in Vietnam from 14 March 1969 to 15 October 1970.  After return to the United States, the applicant served at Fort Hood, Texas, until he was honorably released from active duty and transferred to the Army Reserve. 

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Bronze Star Medal in 
item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for this decoration.  His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

7.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

8.  The Board also noted that the applicant’s records do not show entitlement to any unit awards.  

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 Meritorious Unit Commendation for the period 1 July 1969 to 31 December 1970 by Department of the Army General Orders Number 43, dated 1972.

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 6, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  This regulation also requires a formal recommendation, approval through the chain of command, and announcement in orders for all personal decorations.  Further, a recommendation for an award must be made within 2 years of the event or period of service and the award must be made within 3 years of the event or period of service.  

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no records, which show that he was recommended for or awarded the Bronze Star Medal for his service in Vietnam.  

2.  The Board noted the photograph of a soldier being presented an award of the Bronze Star Medal submitted by the applicant.  Based on regulation, a picture by itself is not sufficient as a basis for an award.  In this case, no one is officially identified in this picture; therefore, it is of no value in support of the applicant’s claim to award of the Bronze Star Medal.
3.  Based on the foregoing and in the absence of orders or other evidence of record which shows the applicant was awarded the Bronze Star Medal, he is not entitled to correction of his records to show award of the Bronze Star Medal.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 1 July 1968 through 30 June 1971 based on completion of a period of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

5.  Orders show the applicant is entitled to award of the Meritorious Unit Commendation and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  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 first award of the Good Conduct Medal for the period 1 July 1968 through 30 June 1971, the Meritorious Unit Commendation, 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:  

__BJE__  __JEV___  __WDB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. James E. Vick___
		        CHAIRPERSON

INDEX

CASE ID	AR2000050382	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010821	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0014.0000	
2.		
3.		
4.		
5.		
6.