PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002070283

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. 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, in effect, that his separation document (DD Form 214) be amended to add the Bronze Star Medal (BSM). 

3.  The applicant states, in effect, that while he was serving in the Republic of Vietnam (RVN), he was awarded the BSM during a company formation.  He states that the BSM was not included in the list of authorized awards listed on his DD Form 214.  In support of his application, he submits copies of the following documents:  DD Form 214; BSM Citation and Certificate; and a local newspaper article that indicates he was awarded the BSM. 

4.  The applicant’s military records show that on 10 September 1970, he entered Army for 2 years and that he continuously served on active duty for 1 year, 
5 months, and 5 days until being honorably separated on 14 February 1972.  He was trained in, awarded, and served in military occupational specialty (MOS) 
05C (Radio Teletype Operator). 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 9 June 1971 to 13 February 1972. During his tenure in the RVN, he was assigned to Company A, 501st Signal Battalion, and performed duties in MOS 05C.  Block 41 (Awards and Decorations) shows that during his tenure on active duty he earned the National Defense Service Medal and Vietnam Service Medal.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information that would preclude him from receiving the Army Good Conduct Medal (AGCM), and it contains no documents that indicate he was ever disqualified from receiving this award by any of the active duty unit commanders for which he served. 

7.  On 14 February 1972, the applicant was honorably separated from active duty.  The DD Form 214 issued to him on the date of his separation lists the  awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  The BSM is not included in this list of authorized awards.  

8.  The BSM certificate and citation and newspaper article provided by the applicant indicates that he was awarded the BSM for meritorious achievement in ground operations against hostile forces while serving in the RVN for the period June 1971 to February 1972.  

9.  During the processing of this case, the Board staff researched the unit historical files for the 101st Airborne Division maintained at the National Archives in an attempt to confirm the applicant’s entitlement to the BSM.  This search revealed that while serving in the RVN, the applicant was awarded the BSM for meritorious achievement for the period June 1971 to February 1972.  This award was authorized in General Orders Number 894, dated 29 January 1972, issued by Headquarters, 101ST Airborne Division (Airmobile).

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated while serving in the RVN.  Table B-1 lists all campaigns and confirms that during the applicant’s tenure of assignment in the RVN, he participated in the following three campaigns:  Vietnam Counteroffensive Phase VII; Consolidation I; and Consolidation II.

11.  Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM) and it states, in pertinent part, that the award is authorized in time of war for heroism, meritorious achievement, or meritorious service.  

12.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years except in the case of the first award when the qualifying period is 1 or more years if awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

13.  Department of the Army General Order Number 8, published in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units for the period 
8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was awarded the BSM for meritorious achievement while serving in the RVN, and it finds this claim has merit.  The evidence of record confirms that while serving in the RVN, the applicant was awarded the BSM for meritorious achievement for the period 
June 1971 to February 1972.  This award was authorized in General Orders Number 894, dated 29 January 1972, issued by Headquarters, 101ST Airborne Division (Airmobile).  Thus, the Board concludes it would be appropriate to add this award to his record at this time.
2.  In addition, the evidence of record confirms that the applicant served a qualifying period of honorable service, from 10 September 1970 through 
14 February 1972, that entitles him to the first award of the AGCM.  Lacking derogatory information on file or a specific disqualification by any of the active duty unit commanders for which he served, the Board concludes that it would be appropriate to add this award to his record at this time.

3.  Finally, the Board finds that based on his service and campaign participation in the RVN, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his Vietnam Service Medal.  Thus, it concludes that it would also be appropriate to add these awards to his record at this time.

4.  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 for the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal, for his honorable service from 10 September 1970 through 14 February 1972; by showing he earned the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:  

__KAK__  __AOA__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070283	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
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.