PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           24 September 2002                   
	DOCKET NUMBER:  AR2002069061

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Kenneth W. Lapin 		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show entitlement to award of the first oak leaf cluster (OLC) to the Bronze Star Medal (BSM).

3.  The applicant states that his second award of the BSM was not included on his DD Form 214.  He provides copies of the certificate and citation for the OLC to the BSM.

4.  The applicant’s military records show that he enlisted in the Army for 2 years. He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was advanced to pay grades   E-2 and E-3 on 26 January 1969 and 14 February 1969, respectively.  While attending Noncommissioned Officer Leadership School, Fort Benning, Georgia, he was advanced and promoted to pay grades E-4 and E-5 on 3 March and      27 May 1969, respectively.  He was promoted to pay grade E-6 on 8 January 1970, while serving in Vietnam.  His conduct and efficiency ratings were excellent.

5.  During the period 29 August 1969 to 24 June 1970, he served in Company C, 2nd Battalion, 18th Infantry, 1st Infantry Division and Company A, 1st Battalion (Air Mobile), 501st Infantry in Vietnam.

6.  On 20 January 1970, he was awarded the BSM for meritorious achievement during the period 30 September to 30 December 1969 by General Order Number 827, dated 20 January 1970, Headquarters, 1st Infantry Division.

7.  On 1 March 1970, he was awarded the BSM, 1st OLC for meritorious achievement during the period 1 January to 3 February 1970.

8.  On 24 June 1970, he was honorably separated, in pay grade E-6, under Army Regulation 635-200, chapter 5 based on his approved early release to attend school.  His DD Form 214 indicates he had 1 year, 8 months and 29 days of creditable service.  His DD Form 214 also shows he was awarded the BSM, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 device, and the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 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 GCMDL, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 12 July 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units, which served in the Vietnam War.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by Department of the Army General Orders Number 43, dated 1970.

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant was awarded the BSM 1st OLC for the period 1 January to 3 February 1970 and his records should be corrected accordingly.

2.  The Board also notes in this case that the individual concerned is also entitled to award of the GCMDL for the period 26 September 1968 to 24 June 1970, the Republic of Vietnam Civil Actions Honor Medal, First Class for the period            29 August 1969 to 24 June 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969.

3.  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 showing the individual concerned was awarded the BSM 1st OLC for the period 1 January to 3 February 1970; the GCMDL, first award, for the period      26 September 1968 to 24 June 1970, the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 29 August 1969 to 24 June 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period         15 August 1968 to 14 May 1969.

BOARD VOTE:  

_KWL__  _DPH____  _AAO___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Arthur A. Omartian 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069061	
SUFFIX		
RECON		
DATE BOARDED	20020924	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.