PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          2 July 2002                    
	DOCKET NUMBER:  AR2002066760

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Bronze Star Medal (BSM). 

3.  The applicant states that he submits in support of his request a copy of the certificate for award of the BSM signed by the former president Richard Nixon.  He also submits a copy of the citation for award of the BSM and a copy of his DD Form 214.

4.  The applicant’s military records show that, prior to the period of enlistment under review, he served in the Regular Army in an enlisted status from 
2 December 1968-15 October 1969.  This service was 10 months and 14 days.  

5.  On 16 October 1969, the applicant was commissioned and appointed a second lieutenant, Infantry, United States Army Reserve (USAR).  On the same date, he was ordered to active duty and assigned to Fort Benning, Georgia.  

6.  The applicant served in Europe from 16 December 1969, until he was assigned to the Lexington - Blue Grass Army Deport enroute to the RVN on 7 September 1971.  On 9 September 1971, the applicant arrived in the Republic of Vietnam (RVN).  

7.  On 21 September 1971, the applicant was assigned to Company A, 1st Battalion, 46th Infantry, 23rd Infantry Division where he served as a platoon leader.  On 27 November 1971, he was assigned to Company A, 1st Battalion, 46th Infantry, 196th Infantry Brigade where he served as a platoon leader.  On 
10 December 1971, he was assigned to Company E, 1st Battalion, 46th Infantry, 196th Infantry Brigade, where he served as mortar platoon leader.  On 21 March 1972, he departed the RVN and arrived at Fort Lewis Washington on 22 March 1972.  

8.  On 26 March 1972, he was honorably released from active duty and assigned to the USAR Control Group, St. Louis, Missouri.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Combat Infantryman Badge and the Expert Infantryman Badge.  His campaigns include Consolidation I and Consolidation II.

9.  The applicant's DD Form 214 does not show the BSM, the Good Conduct Medal (GCMDL), two bronze service stars (BSS) for wear on the VSM or the Vietnam Gallantry Cross with Palm Unit Citation.

10.  Current practice requires that the commander provide written notice of nonfavorable consideration for award of the GCMDL and the individual is permitted to respond.  There is no evidence that the applicant was denied the award of the GCMDL. 

11.  The certificate that the applicant submitted shows that on 6 April 1972, he was awarded the BSM.  Both his certificate and his citation show that he received the BSM for meritorious achievement in ground operations against hostile forces while serving the RVN from July 1971 through March 1972.  

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

13.  Army Regulation 600-8-22 provides that the 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 GCMDL, disqualification must be justified.  

14.  Army Regulation 600-8-22 also authorizes award of a BSS, 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.

15.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.  

CONCLUSIONS:

1.  The Board accepts that both the BSM Certificate and the citation are authentic documents even though both documents appear to contain an administrative error.  The applicant was awarded the BSM for meritorious achievement while assigned to the RVN from July 1971-March 1972, when in fact, he served in the RVN from 9 September 1971-2 March 1972.  

2.  Therefore, the applicant should be issued a new certificate to show that he was awarded the BSM for meritorious achievement while serving in the RVN from 9 September 1971 through 2 March 1972.

3.  Additionally, award of the BSM must be announced in orders and no orders are available in this case. Therefore, the Board, as an exception to policy, authorizes the applicant's BSM to be shown on his DD Form 214.

4.  The applicant is also entitled to have his DD Form 214 corrected to show award of the GCMDL for his honorable period of service from 16 October 
1969-26 March 1972, two BSS's, and the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971.

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 be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the BSM, the GCMDL for his honorable period of service from 16 October 1969-26 March 1972, two BSS's, and the Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 March 1971 through 9 October 1971.

BOARD VOTE:  

__kak___  __aao___  __rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002066760	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691015	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0056	
3.	107.0094	
4.		
5.		
6.