PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                 1 August 2002
	DOCKET NUMBER:        AR2002072193

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states, in effect, that the Purple Heart and the Bronze Star Medal should be added to his DD Form 214.  In support of his application, he submits a copy of his DD Form 214, award certificate for the Purple Heart, and two DA Forms 1577 (Authorization for Issuance of Awards).

4.  The applicant’s military records show that he was born on 29 September 1950 and was inducted in the Army on 21 July 1970.  He completed infantry training and served in Vietnam from 6 January 1971 through 5 January 1972.  The applicant was honorably released from active duty on 7 February 1972.

5.  The applicant's service personnel records contain a DD Form 215 (Correction to DD Form 214), dated 9 November 1987, which authorized award of the Purple Heart to be added to his DD Form 214.  Therefore, the Purple Heart will not be further discussed in these proceedings.

6.  The applicant's DD Form 214 does not show the Bronze Star Medal as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

7.  The applicant provided a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 4 November 1972.  This document shows that the Bronze Star Medal and the Purple Heart were authorized for issue as well as awards which were only authorized for service in World War II.  The applicant's name is listed at the bottom of this DA Form 1577; however, the name of another soldier is shown at the top of this document.  

8.  The Board noted that the applicant is entitled to award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  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. 

12.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  The Board noted the applicant's request for award of the Bronze Star Medal to be added to his DD Form 214.  The Board also noted the DA Form 1577 submitted by the applicant which authorizes the issuance of the Bronze Star Medal.  However, this DA Form 1577 shows two different names and lists awards authorized only for World War II service.  In view of the two names on the DA Form 1577 and the facts the applicant was born in 1950 and, therefore, could not have been entitled to World War II awards, the Board determined that this DA Form 1577 is not valid and cannot be used as a basis for award of the Bronze Star Medal.

2.  In the absence of evidence which shows that the applicant was recommended for or awarded the Bronze Star Medal, there is no basis for correcting the applicant's DD Form 214 to show award of the Bronze Star Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 21 July 1970 through 7 February 1972 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 correction of his records to show this award.

4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  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 by showing the individual concerned was awarded the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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

BOARD VOTE:  

SAC____  MHM____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072193	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.