PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 October 2002
	DOCKET NUMBER:   AR2002068924

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 award of the Bronze Star Medal.

3.  The applicant states that he was told he was being awarded the Bronze Star Medal right before he went on emergency leave.  He states that the Bronze Star Medal was not noted on his discharge.

4.  The applicant’s military records show that he entered active duty on 20 February 1967 and completed training as an infantryman.  He served in Vietnam from 15 September 1967 until on or about May 1968.  The applicant was separated from active duty on 16 July 1968 by reason of hardship.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Bronze Star Medal as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for the Bronze Star Medal.  Review of the unit records at the National Archives in Suitland, Maryland, did not reveal a recommendation or orders for award of the Bronze Star Medal to the applicant.

7.  Review of the applicant's records shows that he was entitled to award 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.  These awards are not shown on the applicant's DD Form 214.

8.  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, the 2d Battalion of the 3d Infantry, was cited for award of the Valorous Unit Award for actions during the period 31 January 1968 to 19 February 1968 by Department of the Army General Orders Number 48, dated 1968.  

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2d Battalion of the 3d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 43, dated 1970, and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 31, dated 1971.

10.  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.  

CONCLUSIONS:

1.  There is no evidence that the applicant was recommended for or awarded the Bronze Star Medal.  The applicant has provided no evidence in support of his claim for award of the Bronze Star Medal.  In the absence of evidence that the applicant was recommended for or General Orders awarding him the Bronze Star Medal, there is insufficient basis for award of the Bronze Star Medal in this case.

2.  General Orders show that the applicant is entitled to award 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.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned 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.

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

BOARD VOTE:  

__JEA__  __JLP__  __MHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068924	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021008	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.