PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 JULY 2002                   
	DOCKET NUMBER:   AR2002070455

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Gail J. Wire		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 reflect award of the Bronze Star Medal.  He states, in effect, that the award was omitted from his separation document.  In support of his request he submits an undated, unsigned, statement indicating that the was awarded a Bronze Star Medal for meritorious service during the period "Feb 1970 to July 1970."  The statement also indicates the applicant was awarded an Army Commendation Medal with "V" device for his heroic actions on 7 July 1970, although the applicant does not comment on that decoration.  The applicant described the statement as an "award letter."

3.  Records available to the Board indicate the applicant entered active duty on 
4 September 1969.  Following successful completion of training, the applicant was assigned to Vietnam as an assistant gunner in February 1970.  He was assigned to the 2nd Battalion, 14th Infantry, which was part of the 25th Infantry Division.

4.  On 7 July 1970 the applicant sustained multiple fragment wounds to his feet and legs.  As a result of his injuries he was evacuated to Japan and ultimately discharged from active duty on 23 November 1970, when his name was placed on the TDRL (Temporary Disability Retired List).  He was retired by reason of physical disability in 1972.

5.  The applicant's official military personnel files did not contain copies of any orders confirming that the applicant had been awarded the Bronze Star Medal or an Army Commendation Medal with "V" device.  Neither award is reflected on his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  However, a search of historical files maintained at the National Archives did reveal an order, issued by the 25th Infantry Division on 9 July 1970, which awarded the applicant the Army Commendation Medal with "V" device for his heroic actions on 7 July 1970, the same date he was wounded as a result of hostile action.  A copy of an order awarding the applicant the Bronze Star Medal could not be located.  

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 600-8-22 also provides that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

8.  By virtue of the applicant's assignment in Vietnam with the 2nd Battalion, 14th Infantry, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal.  The bronze service stars represent participation in three designated campaign periods (Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive-Phase VII).

CONCLUSIONS:

1.  Although orders awarding the applicant the Bronze Star Medal could not be located, the Board believes that the applicant was awarded the decoration.  The Board bases this conclusion on the fact that the statement submitted by the applicant, in support of his request, also reflects award of the Army Commendation Medal with "V" device, and that award was confirmed in an order located at the National Archives.  As such, the Board believes that the Bronze Star Medal information on the same statement is accurate.  The Board notes that the dates of the award listed on the statement are consistent with the dates of the applicant's service in Vietnam.  

2.  Although the applicant did not mention his award of the Army Commendation Medal with "V" device, the Board also notes that award was also omitted from his separation document.

3.  The applicant completed a qualifying period for award of the Army Good Conduct Medal on 23 November 1970.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and no evidence of any misconduct, which would serve as a basis to deny him the award.  The Board concludes that it would be appropriate to award the applicant an Army Good Conduct Medal for the period 
4 September 1969 through 23 November 1970.

4.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal.

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:

a.  by showing that the applicant was awarded an Army Commendation Medal with "V" device;

b.  by confirming that he was awarded the Bronze Star Medal for meritorious service during the period February 1970 to July 1970;

c.  by awarding him an Army Good Conduct Medal for the period 
4 September 1969 through 23 November 1970; and

	d.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal

BOARD VOTE:  

__RVO__  __RTD __  _KWL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002070455	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020725	
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.	107.00	
2.		
3.		
4.		
5.		
6.