PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 January 2002
	DOCKET NUMBER:   AR2001060407

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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 he was awarded the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that he was awarded the BSM while serving in the Republic of Vietnam (RVN).  He states that he was awarded the BSM, but was never issued orders.  He states that the BSM was not included in his separation document (DD Form 214) as an authorized award and that he lost his BSM in a house fire.  In support of his application, he submits a newspaper article from his local newspaper that indicates he was awarded the BSM.

4.  The applicant’s military records show that on 27 January 1969, he entered the Army for 3 years.  He was trained in and awarded military occupational specialty 11B (Infantryman) and he continuously served on active duty for 2 years, 
10 months, and 27 days until being honorably separated on 23 December 1971.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).  It also confirms he served in the RVN from 23 June 1969 to 22 June 1970, and that he earned the following awards during his active duty tenure:  Combat Infantryman Badge; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders Number 1118, dated 19 January 1970, issued by Headquarters, 1st Cavalry Division (Airmobile), which awarded him the Air Medal (AM) for meritorious achievement while participating in aerial flights in the RVN from 
June 1969 to January 1970.  In addition, the MPRJ is void of derogatory information or any indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.  

7.  The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 23 December 1971, does not list the BSM as an authorized award in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 

8.  The newspaper article provided by the applicant shows he was awarded the BSM for heroism in the RVN while serving as a rifleman.  However, there was no order awarding the BSM on file in his MPRJ.  

9.  In the processing of this case, a member of the Board staff contacted the Total Army Personnel Command (PERSCOM) Awards Branch in order to determine if an order was ever published awarding the applicant the BSM.  PERSCOM officials reviewed their records and provided a copy of General Orders Number 16372, dated 22 December 1969, issued by Headquarters, 
1st Cavalry Division (Airmobile), which awarded the applicant the BSM with “V” Device for heroism in action in the RVN on 25 August 1969.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated while serving in the RVN.  Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM) and it states, in pertinent part, that the award is authorized in time of war for heroism, meritorious achievement, or meritorious service.  It also stipulates that a “V” Device is authorized with this award to denote it was awarded for heroism.   

11.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years except in the case of the first award when the qualifying period is 1 or more years if awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  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 that during his assignment tenure, the unit to which the applicant was assigned participated in three campaigns and was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he earned the BSM for heroism while serving in the RVN and it finds this claim has merit.  The evidence of record confirms that the applicant earned the BSM with “V” Device for heroism in action in the RVN on 25 August 1969.  Thus, the Board concludes it would be appropriate to add this award to his record at this time. 

2.  In addition, given that the record is void of any derogatory information or a specific unit commander’s disqualifying recommendation for award of the AGCM, the Board concludes that the applicant is entitled to the first award of the AGCM for his qualifying period of honorable service from 27 January 1969 to 
23 December 1971.  In addition, there is a general order on file that verifies that he earned the AM.  Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time. 

3.  Finally, the record confirms that during his assignment tenure in the RVN, he participated in three campaigns and his unit earned two awards.  Therefore, the Board finds that is would be appropriate for his record to show that he is entitled to 3 bronze service stars for his Vietnam Service Medal; and that he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

4.  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 for the individual concerned be corrected by showing he earned the BSM with “V” Device, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 
3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these awards. 

BOARD VOTE:  

__GDP__   _ _WTM__  __RTD     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __George D. Paxson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.