PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  25 September 2001
	DOCKET NUMBER:  AR2001058109

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 all of his authorized awards be reflected on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant states that errors were made on his DD Form 214.  He provides copies from his military records of orders for the Air Medal, the Purple Heart, the Army Commendation Medal, and the Army Commendation Medal with “V” device.  He also provides copies of the citation and certificate for the Bronze Star Medal and certificates from the Army Chief of Staff and the President dated 18 November 1970.

4.  The applicant’s military records show that he was inducted and entered active duty on 14 May 1969.  He completed training as an infantryman and was assigned to Vietnam as an infantryman in an infantry battalion from 23 November 1969 to 14 November 1970. There is no recorded evidence of disciplinary action in the available record.

5.  He was separated from active duty in the pay grade of E-4 effective 18 November 1970, and transferred to the Army Reserve.  His DD Form 214 does not show any of the requested awards.  It also does not show award of the Good Conduct Medal or any campaign service stars.

6.  The applicant’s available records contain copies of orders for award of the Air Medal, the Purple Heart, the Army Commendation Medal, and the Army Commendation Medal with “V” device.  His DA Form 20 (Qualification Record) also lists these awards and the award authority.  All of his conduct and efficiency ratings were listed as excellent.

7.  The Bronze Star Medal citation and certificate that the applicant provided shows that they were issued for meritorious achievement against a hostile force during the period November 1969 to November 1970.  The certificate was dated 6 October 1970 and was signed by the appropriate approval authority.

8.  The Certificates of Appreciation provided by the applicant were for his faithful and honorable active duty service issued on the occasion of his separation.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  The regulation also authorizes the addition of a bronze service star on the appropriate campaign or service medal for each named campaign that the soldier is credited with participating in.  The regulation does not authorize placement on the DD Form 214 of Certificates of Appreciation.

11.  Army Regulation 600-8-22 also 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.  A record of punishment was not automatically disqualifying but a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides the policy for unit awards and campaign credit.  The pamphlet shows that the unit the applicant was assigned to while serving in Vietnam was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It also shows that the applicant is entitled to credit for participation in three named campaigns.

CONCLUSIONS:

1.  The applicant’s records show that he was awarded the Air Medal, the Purple Heart, the Army Commendation Medal, and the Army Commendation Medal with “V” device.  His records also show that he is entitled to awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  Based on his assignment as an infantryman who fought well in combat with an infantry unit in Vietnam he is entitled to an award of the Combat Infantryman Badge.

3.  The applicant’s record of service shows that he met all of the requirements for an award of the Good Conduct Medal.

4.  Notwithstanding the absence of official orders for the Bronze Star Medal, the Board believes the applicant has provided sufficient evidence to show that he was awarded the Bronze Star Medal.

5.  The applicant is also entitled to three bronze service stars for the Vietnam Service Medal based on his participation in three campaigns.

6.  The applicant is not entitled to have his Certificates of Appreciation added to his DD Form 214.

7.  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 for the individual concerned be corrected by:

	a.  showing that he is entitled to the Bronze Star Medal, the Air Medal, the Purple Heart, the Army Commendation Medal with “V” device, first oak leaf cluster, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for the Vietnam Service Medal; and

	b.  awarding him the Combat Infantryman Badge and the Good Conduct Medal.

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

BOARD VOTE:  

__js___  ___le___  ___rb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058109	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.