PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 May 2003         
	DOCKET NUMBER:   AR2003083784

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Roger W. Able		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, the correction of his records to reflect the Vietnam Campaign Medal with Device (1960), the Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and all other authorized awards.

3.  The applicant states he believes that several awards are missing from his 
DD Form 214, separation document.

4.  The applicant’s military records show that he entered the Regular Army on 29 January 1968 and trained as a field wireman.  He served in Vietnam from 20 June 1968 through 19 June 1969, while assigned to the 6th Battalion, 56th Artillery.  He was honorably separated on 20 January 1971, in the rank of private first class.

5.  His DD Form 214, reflects his awards as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Expert Marksmanship Badge with rifle bar.

6.  On 29 December 1969, the applicant accepted nonjudicial punishment (NJP) for failure to report on time, failure to obey a lawful order by a commissioned officer, and absent himself from his place of duty without authority.  His punishment was restriction, extra duty, reduction in grade (suspended), and forfeiture of pay.

7.  On 9 February 1970, the applicant accepted NJP for being absent from his place of duty without authority.  His punishment was reduction in grade (suspended), and extra duty.

8.  On 6 April 1970, the applicant’s commander vacated the suspension and reduced the applicant in grade from E-3 to E-2.

9.  On 10 December 1979, the applicant was promoted to E-3.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  The Republic of Vietnam Campaign Medal with Device (1960) are items of individual purchase.

11.  The same regulation states that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For the first award only, the Good Conduct Medal may be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

12.  The same regulation provides that a bronze service star is awarded 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.  In the applicant’s case, he is entitled to two bronze service stars for participating in the Vietnam Counteroffensive- Phase VII and the Tet 69 Counteroffensive-1969 Campaigns.

13.  Department of the Army Pamphlet 672-3, (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 6th Battalion, 56th Artillery, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, 1974.  The unit was not awarded the Presidential Unit Citation or the Meritorious Unit Commendation.

CONCLUSIONS:

1.  The applicant’s separation document reflects the Vietnam Campaign Medal. The Board advises the applicant that Vietnam Campaign Medal and the requested award the Republic of Vietnam Campaign Medal with Device (1960) is the same award.  Therefore, no error or omission exists.

2.  The applicant’s records reflect that he twice accepted NJP.  While the mere presence of NJP does not preclude the awarding of the Good Conduct Medal, the fact that the applicant has two NJP’s, one of his NJP’s was for multiple charges, and that a suspended punishment was vacated and the punishment imposed, indicates that the applicant’s conduct was not exemplary.  As such, the applicant was not entitled to the Good Conduct Medal.

3.  The applicant’s unit was not awarded either the Presidential Unit Citation or the Meritorious Unit Commendation.  Therefore no error exists and no correction is necessary.

4.  Nonetheless, the record shows that the applicant is entitled to two bronze service stars to be worn on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to have these awards shown on his DD Form 214.

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 awarding to the individual concerned the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Arthur A. Omartian________
		        CHAIRPERSON

INDEX

CASE ID	AR2003083784	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030515	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.		
2.	107.0095	
3.		
4.		
5.		
6.