PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 December 2001
	DOCKET NUMBER:   AR2001060520

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 he be awarded the Bronze Star Medal (BSM).

3.  The applicant states that following an operation in Vietnam, he was told he would be put in for a BSM.  He also states that he is now suffering from prostate cancer and wants to leave his medals to his son.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 3 May 1967 for a period of 2 years.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to Fort Polk, Louisiana.

5.  The applicant was transferred to the Republic of Vietnam and served there from 31 March 1968 to 18 January 1969.  His unit of assignment was Company C, 1st Battalion, 35th Infantry Regiment.  

6.  On 19 January 1969, the applicant was honorably separated from active duty and transferred to the United States Army Reserve (USAR).  He was credited with 1 year, 9 months, and 17 days of creditable service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects the following awards:  National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, and 1 Overseas Service Bar.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.  

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  During the applicant’s assignment in Vietnam, he participated in four campaigns, Tet Counteroffensive and Vietnam Counteroffensive Phases IV, V, and VI.  He is entitled to four bronze service stars (BSS) on his Vietnam Service Medal.

10.  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 the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by Department of the Army General Order Number 38, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.

CONCLUSIONS:

1.  There is no available evidence that the applicant was ever recommended for, or awarded, the BSM.

2.  The evidence of record confirms the applicant is entitled to the Good Conduct Medal, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, and four BSS for his Vietnam Service Medal.

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the Good Conduct Medal, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, and four BSS.

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

BOARD VOTE:  

__FNE___  __TAP__  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     _Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060520	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690119	
DISCHARGE AUTHORITY	AR 635-200, c5	
DISCHARGE REASON	Early release- school	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.