PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           22 April 2003                  
	DOCKET NUMBER:   AR2003084411

	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:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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 separation document be amended to add the Purple Heart (PH) with oak leaf cluster (two awards), the Bronze Star Medal (BSM) for valor, and the Combat Infantryman Badge (CIB).  He also requests any other awards that he may be entitled to receive be added to his separation document.

3.  The applicant states, in effect, that he is entitled to these awards.

4.  The applicant’s military records show that he was inducted and entered on active duty on 27 March 1968.  He was awarded the military occupational specialty (MOS) of infantryman and was promoted to pay grade E-4 on 16 November 1968.  He served in Vietnam as an infantryman assigned to an infantry unit from 1 September 1968 to 25 August 1969.

5.  While in Vietnam he was awarded the CIB on 5 October 1968; the PH on 21 January 1969; the Army Commendation Medal (ARCOM) for valor on 7 March 1969; the second award of the PH on 31 March 1969; and the BSM for meritorious achievement on 2 August 1969.

6.  He was honorably released from active duty on 26 March 1970.  The separation document he was issued shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device 1960, and marksmanship badges.  Item 5a, Grade Rate or Rank, has “UNK” entered.  Item 5b, Pay Grade, has “UNK” entered.  Item 6, Date of Rank, has “UNKNOWN” entered.  Item 30, Remarks, states that the applicant was separated on temporary records.

7.  The applicant’s military records show that he was rapidly promoted, there is no evidence of any adverse action being taken or considered against him, and there is no disqualification for the Good Conduct Medal contained in his DA Form 20.

8.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, FC, for a period which included the dates the applicant was assigned to that unit.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are: Counteroffensive, Phase V, which started on 1 July 1968; 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.  

9.  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.

CONCLUSIONS:

1.  The applicant was awarded the CIB, the PH with oak leaf cluster, the ARCOM for valor, and the BSM.  He is entitled to have these awards added to his separation document.

2.  The applicant is also entitled to the Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, FC.

3.  The applicant is also entitled to four bronze service stars to be worn on his already issued Vietnam Service Medal.

4.  While not requested by the applicant, the Board also considered whether he should have been awarded the Good Conduct Medal.  In this regard, the applicant’s record contains no derogatory information, there is no disqualification entered on his DA Form 20, he was never reduced in grade, and he was awarded several decorations for both valor and meritorious service.  In view of the applicant’s apparent exemplary service, it must be presumed that the applicant should have been awarded the Good Conduct Medal.

5.  In addition, the applicant’s rank (SP4), his grade (E-4), and his date of rank (16 November 1968) should be entered on his separation document.

6.  However, there is no evidence that the applicant was ever awarded the BSM for valor.  The Board believes that the applicant may have thought his ARCOM for valor was a BSM.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  amending the separation document of the individual concerned to add his CIB, his PH with oak leaf cluster, his ARCOM for valor, and his BSM;

	b.  awarding to him the Vietnam Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, FC, and four bronze service stars to be worn on his already issued Vietnam Service Medal;

	c.  amending his separation document to add his rank (SP4), grade (E-4) and date of rank (16 November 1968); and

	d.  awarding to him the Good Conduct Medal for the period 27 March 1968 to 26 March 1970.

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

BOARD VOTE:  

___mhm_  ____mmb  ____clg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Melvin H. Meyer________
		        CHAIRPERSON

INDEX

CASE ID	AR2003084411	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003084411	
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.