PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2002
	DOCKET NUMBER:   AR2002073429

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Melinda M. Darby		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 records to show award of the Bronze Star Medal.

3.  The applicant states that he received the medal in a ceremony in the field in February 1967 for his actions in Vietnam.  In support of his application, he provided a copy of his reassignment orders and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 15 February 1966 and completed training as an infantryman.  He served in Vietnam from 12 August 1966 through 7 July 1967.  The applicant was honorably separated from active duty on 14 February 1968.

5.  The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for the Bronze Star Medal.

7.  Upon review of the applicant’s records, the Board noted that he was entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to two bronze service stars to be worn on his Vietnam Service Medal.

8.  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 that, at the time of the applicant’s assignment to the 1st Battalion, 35th Infantry, the unit was cited for award of the Valorous Unit Award for actions during the period 22 April 1967 to 20 August 1967 based on  Headquarters Department of the Army General Orders Number 43, dated 1972.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that, at the time of the applicant’s assignment to the 1st Battalion, 35th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

10.  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.  Based on the dates of the applicant’s service in Vietnam, Appendix B shows that the applicant served in two campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.

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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

CONCLUSIONS:

1.  The Board considered the applicant’s request for award of the Bronze Star Medal.  

2.  There are no orders awarding him the Bronze Star Medal.  There is also no evidence the he was recommended for award of the Bronze Star Medal during his service in Vietnam.

3.  In the absence of documentation showing the applicant was recommended for or was awarded the Bronze Star Medal, there is insufficient evidence upon which to base correction of the applicant’s records to show the Bronze Star Medal.

4.  Orders show the applicant was awarded the Valorous Unit Award; therefore, he is entitled to correction of his records to show this unit award. 

5.  Orders show the applicant was awarded the of 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.

6.  During his service in Vietnam, the applicant participated in two campaigns.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal and correction of his records to show award of the Vietnam Service Medal with two bronze service stars.

7.  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 the individual concerned was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars.

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

BOARD VOTE:  

__JHL___  __REB__  __MMD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073429	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.