PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 July 2001
	DOCKET NUMBER:   AR2001057302

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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, that his military records be corrected to show award of the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that the BSM was mailed to him after his separation and it was not added to his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).  In support of his application, he provides copies of the BSM citation and certificate, as well as other award documents already recorded on his DD Form 214.

4.  The applicant’s military records show that he was inducted into the Army on 15 May 1968 for 2 years.  He successfully completed his initial training and was assigned to the Republic of Vietnam (RVN) for duty as an indirect fire infantryman (11C).  He served with the 1st Battalion, 327th Infantry from 
3 November 1968 to 25 October 1969.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) indicates that he was routinely promoted up through the ranks from private, E-1 to specialist four, E-4, and had excellent conduct and efficiency ratings during his entire period of service.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Army Commendation Medal, Combat Infantryman Badge, Vietnam Service Medal (VSM), and RVN Campaign Medal.

7.  A certificate was issued by the Commander, 101st Airborne Division, awarding the BSM to the applicant for meritorious achievement in ground operations against hostile forces during the period from 1 December 1968 to 31 July 1969 and on 13 February 1970, he was honorably released from active duty (REFRAD) after completing a total of 1 year, 8 months, and 28 days of active military service. 

8.  Department of the Army General Orders 43, dated 1970, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge to the 1st Battalion, 
327th Infantry for the period from 19 July 1968 to 14 May 1969.

9.  Department of the Army General Orders 48, dated 1971, announced award of the RVN Civil Actions Honor Medal, First Class, to the 1st Battalion, 
327th Infantry, for the period 18 March 1968 to 2 May 1969.

10.  Army Regulation 600-8-22 provides, in pertinent part, that service stars are worn on campaign and service ribbons to denote an additional award.  A silver service star is worn instead of five bronze service stars.  Service stars are authorized for wear on the VSM.

11.  Army Regulation 600-8-22 provides that the Vietnam Counteroffensive Phase VI was from 2 November 1968 to 22 February 1969, the TET 
69 Counteroffensive was from 23 February 1969 to 8 June 1969, and the Vietnam Summer-Fall 1969 Campaign was from 9 June to 31 October 1969.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal (GCM) 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 GCM, disqualification must be justified.  Current practice requires that commanders provide a written notice of unfavorable consideration and permit the individual to respond.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM 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.  The Board finds the BSM award certificate provided by the applicant is consistent with the evidence of record and even without an announcement in orders being available, it sufficiently convincing to support the applicant’s claim of entitlement to the BSM.  Thus, Board concludes his records should be corrected to reflect this award. 

2.  The Board notes the absence of any derogatory evidence in the applicant’s military record, as well as his outstanding quality of service and presumes that his not receiving a GCM for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

3.  The applicant served with the 1st Battalion, 327th Infantry, during the time it was awarded the RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge, and is therefore entitled to these awards.

4.  The applicant served during part or all of three different campaigns and is entitled to wear three bronze service stars on the VSM.

5.  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, particularly the DD Form 214 of the individual concerned, be corrected:

a.  by showing that he was awarded the BSM, RVN Civil Actions Honor Medal, First Class, and the RVN Gallantry Cross with Palm Unit Citation Badge; and

b.  by showing that he is entitled to wear 3 bronze service stars on his VSM; and

c.  by showing that he was awarded the GCM for the period from 15 May 1968 to 13 February 1970.

BOARD VOTE:  

__WTM  _  __AAO __  __JTM__   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison__
		      CHAIRPERSON

INDEX

CASE ID	AR2001057302	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.