PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           24 June 2003                  
	DOCKET NUMBER:   AR2002073827

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones, II		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 Bronze Star Medal (BSM) be added to his separation document.

3.  The applicant states that he was awarded the BSM and the Purple Heart (PH) when he was hospitalized for his wounds.

4.  In support of his request he submits his BSM Certificate.

5.  The applicant’s military records show that he was inducted and entered on active duty on 16 September 1968.  He was awarded the military occupational specialty (MOS) of infantryman and was assigned as an automatic rifleman to an infantry company in Vietnam on 10 February 1969.

6.  On 6 June 1969, the applicant was hospitalized and was subsequently brought back to the United States in a patient status.

7.  On 18 February 1970, the applicant was assigned to Germany.  On 4 April 1970, he was promoted to pay grade E-5.

8.  On 6 September 1970, the applicant was honorably released from active duty.  His separation document shows that he was awarded the National Defense Service Medal, the PH, the Vietnam Service Medal, the Vietnam Campaign Medal, and marksmanship qualification badges.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase VI, starting on 2 November 1968; Tet 69 Counteroffensive, starting on 23 February 1969; and Vietnam Summer-Fall 1969, starting on 9 June 1969.  This pamphlet also specifies that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22 also provides that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry or cavalry unit of brigade, regimental or smaller size.  

12.  On 15 June 2002, the National Personnel Records Center (NPRC) issued the applicant the BSM.

13.  In the processing of this case the General Orders published in the applicant’s unit during the dates of his assignment were researched.  No orders awarding the applicant the BSM were contained in those historical files.

CONCLUSIONS:

1.  While neither the applicant’s military records nor the historical files of his command contain any evidence that the applicant was awarded the BSM, the BSM Certificate submitted by the applicant along with the fact that the NPRC issued the applicant the BSM is convincing evidence that he was, in fact, given that award.  As such, he should have the BSM added to his separation document.

2.  In addition, the applicant is entitled to three bronze service stars to be worn on his already issued Vietnam Service Medal, and he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  Also, the applicant held an infantry MOS and was serving as an infantryman in a cavalry unit in Vietnam.  As such, he is entitled to the CIB.

4.  The Board also considered whether the applicant should have been awarded the Good Conduct Medal.  In this regard, the applicant’s military records do not contain any indication of any disciplinary action being taken or considered against him, he was rapidly promoted, and he served in combat as an infantryman.  As such, it would appear that he should have been awarded the Good Conduct 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 by:

	a.  awarding to the individual concerned the BSM;
	b.  awarding to him three bronze service stars to be worn on his already issued Vietnam Service Medal;

	c.  awarding to him the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.  awarding to him the CIB; and

e.  awarding to him the Good Conduct Medal for the period 16 September 1968 to 6 September 1970.

BOARD VOTE:  

___mkp__  ____reb_  ____fcj__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Margaret K. Patterson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002073827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002073827	
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.