PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002067725

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 he be awarded the Bronze Star Medal (BSM) and that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to reflect the BSM.

3.  The applicant states that he was authorized the award of the BSM on 31 May 1969.  He received the citation and the certificate for the BSM; however, he did not receive the medal.  In support of his application, he submits a copy of the BSM citation and certificate.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 19 March 1968 for 2 years.  He completed the required training, and was awarded military occupational specialty 11B20 (Light Weapons Infantryman).

5.  The applicant arrived in the Republic of Vietnam (RVN) on or about 13 August 1968.  He was assigned to Company C, 1st Battalion (Airmobile), 327th Infantry, from 13 August 1968 to 9 July 1969, as a grenadier.  

6.  General Orders 6094, dated 31 May 1969, from Headquarters, 101st Airborne Division, awarded the applicant the BSM for meritorious service in connection with ground operations against a hostile force for the period 1 September 1968 to 30 April 1969.  The applicant departed the RVN on or about 9 July 1969.

7.  On 16 January 1970, the applicant was released from active duty and transferred to the U. S. Army Reserve.  He completed 1 year, 10 months, and 
5 days of creditable active service.  His DD Form 214 shows as authorized awards the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device 60, the Army Commendation Medal, the Purple Heart, and the Marksman Badge with Rifle Bar.  

8.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company C, 1st Battalion (Airmobile), 
327th Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation from 19 July 1968 through 14 May 1969 on Department of the Army General Orders (DAGO) 43, 1970 and the RVN Civil Actions Honor Medal, First Class, Unit Citation for the period 18 March 1968 through 2 May 1970, on DAGO 48, 1971.

9.  The applicant’s record shows that he served in the RVN from 13 August 
1968 through 9 July 1969 serving through four campaigns – the Vietnam Counteroffensive, Phase V from 1 July 1968 through 1 November 1968, the 
Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969, the Tet 69 Counteroffensive 1969 from 23 February 1969 through 8 June
1969, and the Vietnam Summer-Fall 1969 from 9 June 1969 through 31 October 1969.

10.  The applicant’s Enlisted Qualification Record, DA Form 20, shows that he received excellent conduct and efficiency ratings during his entire period of service.

11.  On 26 October 2001, the National Personnel Records Center authorized issuance of the Army Good Conduct Medal (AGCM), in addition to the decorations listed on his DD Form 214, to the applicant.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal 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.  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 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the BSM on General Orders 6094, dated 31 May 1969 from Headquarters, 101st Airborne Division.  

2.  The evidence of record shows that the applicant was entitled to the first award of the AGCM for the period of 19 March 1968 through 16 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the AGCM and correction of his records to show the award.

3.  The evidence of record shows that the applicant was assigned to a unit during a period of time that unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class, Unit Citation.  The evidence of record also shows that the applicant served in the RVN during four campaigns entitling him to wear four bronze service stars with the Vietnam Service Medal.  Therefore, it would be appropriate to amend his DD Form 214 to show these awards.

4.  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 be corrected to show that the individual concerned was awarded the first award of the AGCM for his honorable period of active duty service from 19 March 1968 through 16 January 1970.

2.  That the DD Form 214 of the individual concerned be corrected to add the following awards:  BSM; AGCM; RVN Gallantry Cross with Palm Unit Citation; RVN Civil Actions Honor Medal, First Class, Unit Citation; and add four bronze service stars to the Vietnam Service Medal and that he be issued these awards.

BOARD VOTE:  

__FNE__  __ TSK  _  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR200206775	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/13	
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.	107.0014	
2.		
3.		
4.		
5.		
6.