PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 June 2003                   
	DOCKET NUMBER:   AR2003084722

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Marla J. Troup 		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3.  The applicant states, in effect, that he and another soldier were put in for award of the Bronze Star Medal for saving their acting commander after he was shot by enemy fire in Vietnam.  In support of his application, he submits a copy of his DD Form 214 and four undated letters of explanation. 

4.  The applicant’s military records show that he was inducted on 18 April 1966.  He served as a light weapons infantryman in Vietnam from 5 October 1966 through 2 October 1967 and was released from active duty on 17 April 1968.

5.  The applicant's DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

6.  There are no orders for the Bronze Star Medal in the applicant's service personnel records.  There is also no evidence that the applicant was recommended for award of the Bronze Star Medal.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal in item 41 (Awards and Decorations).

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his DD Form 214.
    
11.  Army Regulation 600-8-22 (Military Awards) 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 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.  

12.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 appropriate service medal.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he and another soldier were put in for award of the Bronze Star Medal for saving their acting commander after he was shot by enemy fire in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Bronze Star Medal in this case.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 April 1966 through 17 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.  

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as pertains to award of the Bronze Star Medal be denied.

BOARD VOTE:  

FNE____  HOF____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2003084722	
SUFFIX		
RECON		
DATE BOARDED	20030617	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0000	
3.		
4.		
5.		
6.