PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 October 2002     
	DOCKET NUMBER:   AR2002073043

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and any other awards and decorations to which he may be entitled.  

3.  The applicant states that he was awarded the Bronze Star Medal and it is not shown on his discharge document.  He also contends that he is entitled to wear several division medals and campaign medals.  In support of his application, he submits a letter of explanation, dated 17 April 2002.

4.  The applicant’s military records show that he enlisted in the Regular Army on 16 June 1969 for a period of 2 years.  He served as a clerk typist in Vietnam from 16 March 1970 through 19 February 1971.  The applicant was honorably released from active duty in the grade of specialist five on 19 February 1971 and transferred to the U.S. Army Reserve.  He subsequently served in the Louisiana  Army National Guard from 1 December 1973 through 30 November 1974 and was honorably discharged in the grade of staff sergeant.  

5.  The applicant’s DD Form 214, which was authenticated in his own hand, shows the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars and the Expert Marksmanship Qualification Bar with Rifle Bar as authorized awards.

6.  There are no orders for the Bronze Star Medal in the applicant’s service personnel records.  

7.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

8.  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.

9.  The applicant’s records show that he participated in three campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

12.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

13.  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.  

14.  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.  

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he was awarded the Bronze Star Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 16 June 1969 to 19 February 1971 ending with termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations. 

5.  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 that the individual concerned was awarded the first award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, 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:  

RVO___  MKP____  AAO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002073043	
SUFFIX		
RECON		
DATE BOARDED	20021001	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0000	
3.		
4.		
5.		
6.