PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 FEBRUARY 2003                  
	DOCKET NUMBER:   AR2002074119

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn 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 records be corrected to reflect award of the Bronze Star Medal.  The applicant makes no statement, and submits no evidence, regarding his entitlement to the award, other than to note that the award is reflected in item 41 (Awards and Decorations) on his Department of the Army Form 20 (Enlisted Qualification Record).

3.  Records available to the Board indicate the applicant entered active duty on 15 October 1965.  While undergoing training he qualified as a marksman with the pistol and was awarded the associated badge and component bar.  The badge, however, was omitted from his separation document.

4.  In March 1968 the applicant was assigned to Vietnam as an armor crewman with the 1st Battalion, 69th Armor, part of the 4th Infantry Division.  He was wounded as a result of hostile action on 6 May 1968 and awarded the Purple Heart.  In September 1968 he was awarded an Army Commendation Medal with "V" device for his heroic actions on 5 May 1968.  The "V" device notation was, however, omitted from his separation document, which merely reflects the applicant was awarded an Army Commendation Medal.

5.  On 6 October 1968 the applicant departed Vietnam.  Shortly before his departure, orders were issued by the 4th Infantry Division awarding him the Army Good Conduct Medal.  The award is recorded in item 41 of his Department of the Army Form 20, but was omitted from his separation document.  

6.  The applicant's Department of the Army Form 20 also includes a handwritten entry, similar to other hand written entries on the form, which indicates the applicant was awarded a "Bronze Star" which was confirmed in orders issued by the 4th Infantry Division in September 1968.  The applicant's records, however, do not contain any evidence of the award.  Additionally, a review of the historical files of the 4th Infantry Division, maintained at the National Archives in College Park, Maryland, failed to produce a copy of the orders.  The order number cited on the applicant's Department of the Army Form 20 is inconsistent with the order numbers issued by the 4th Infantry Division during the period the applicant was to have been awarded the decoration.

7.  The applicant's records indicate the applicant served for approximately 7 months in Vietnam, in addition to his awards of the Purple Heart, Army Commendation Medal with "V" device, and Army Good Conduct Medal, his conduct and efficiency ratings during his assignment were excellent, and he participated in three designated campaigns (TET Counteroffensive, Vietnam Counteroffensive Phase IV and V).  The applicant's unit was also awarded a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the organization.  The unit awards were also omitted from his separation document.  The applicant had been promoted to pay grade E-5 in February 1967, prior to his assignment in Vietnam.

8.  On 7 October 1968 the applicant was released from active duty with an honorable characterization of service.

9.  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 recommendation, approval through the chain of command, and announcement in orders is 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 has been unable to locate copies of orders confirming that the applicant was in fact awarded a Bronze Star Medal during his tour of duty in Vietnam, in spite of the fact that the award is recorded on his Department of the Army Form 20.  Because of the lack of additional evidence, and the inconsistency in the order number recorded on his Form 20 and those actually issued by the 4th Infantry Division in September 1968, the Board is reluctant to confirm an award based solely on a single entry in the applicant’s records.

2.  However, notwithstanding the foregoing, the Board does note that the applicant, an E-5, received excellent conduct an efficiency ratings while in Vietnam, was awarded the Purple Heart and a decoration for heroism, in addition to being part of a unit which received three unit decorations while he was a member of the organization.  In view of the fact that the applicant's tour of duty in Vietnam was marked by several notable incidents, the Board concludes that in the interest of justice, and as an exception to the regulatory requirements for the award, that the applicant should be awarded a Bronze Star Medal in recognition of his meritorious service while in Vietnam.

3.  The Board also notes that the applicant's separation document should be corrected to reflect that his Army Commendation Medal was awarded with a "V" device and that he was awarded the Army Good Conduct Medal, a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant's records should also be corrected to show that he qualified as a marksman with the pistol and was awarded the associated badge and component bar and that he participated in three designated campaigns while in Vietnam.  His campaign participation should be reflected by the addition of three bronze service stars to his Vietnam Service Medal.

4.  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 awarding the individual concerned the Bronze Star Medal for meritorious service during the period 19 March 1968 through 6 October 1968;

b.  by showing that his Army Commendation Medal was awarded with a "V" device;

c.  by showing that he was awarded the Army Good Conduct Medal;

d.  by showing that he qualified as a marksman with the pistol and was awarded the associated badge and component bar; and

e.  by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, as well as a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

________  __GJW__  __RJO   _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002074119	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030213	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.