PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           30 October 2003                  
	DOCKET NUMBER:   AR2003084660

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 show all of his awards and decorations including a Bronze Star Medal. 

3.  The applicant states that he does not believe that all of his awards are on his DD Form 214 (Report of Transfer or Separation).  He states that he has just completed a post traumatic stress disorder (PTSD) course and that such action will help him carry on with his life.

4.  The applicant entered active duty on 8 July 1969.  He completed training and served as an 11D (Armor Recon Specialist).  He served in Vietnam from 20 January 1970 through 4 February 1971 with C Troop, 1st Squadron, 1st Cavalry Regiment, Americal Division.  He was honorably released from active duty on 7 February 1971.

5.  His DD Form 214 lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal and the Sharpshooter Badge for both the M-14 and M-16 rifles.

6.  The DA Form 20 also shows that he participated in one “unnamed” campaign and that his conduct and efficiency ratings were excellent.

7.  His records contain copies of official orders showing that he qualified for the Sharpshooter Badge with the M-14, the M-16, and grenade.

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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22, paragraph 2-13 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  It also authorizes 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 appropriated campaign or service medal including the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.  The designated campaign periods include but are not limited to the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

10.  Army Regulation 600-8-22, paragraph 3-13 states 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.  

11.  Army Regulation 600-8-22, chapter 4, 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 non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

CONCLUSIONS:

1.  He distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his personal decorations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 8 July 1969 through 7 February 1971.

2.  The applicant qualified for award of the Sharpshooter Badge with Rifle and Grenade Bars.

3.  He is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Having served in Vietnam during three campaign periods, he is entitled to three bronze service stars for wear on his Vietnam Service Medal.

5.  There is no evidence that he was recommended for or received the Bronze Star Medal.

6.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1.  That his records be corrected by showing:

a.  he is awarded the Good Conduct Medal; and 

b. his authorized awards include the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Badge with Rifle and Grenade Bar, and three bronze service stars for wear on his Vietnam Service Medal, in addition to those awards currently reflected on his DD Form 214.

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

BOARD VOTE:  

___CLG_  __EWL __  __LCB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Curtis L. Greenway___
		        CHAIRPERSON

INDEX

CASE ID	AR2003084660	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.