PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 May 2003                             
	DOCKET NUMBER:  AR2003085414

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.. 		Chairperson	
	Mr. Stanley Kelley . 		Member	
	Ms. Gail J. Wire		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, that his separation document (DD Form 214) be corrected by adding the Bronze Star Medal (BSM) to the list of earned awards.  

3.  The applicant states, in effect, that his DD Form 214 does not include the BSM in the list of earned awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  In support of his application, he submits a copy of his DD Form 214 and a BSM award certificate.

4.  The applicant’s military records show that on 6 June 1970, he was honorably discharged after completing a total of 2 years, 8 months, and 24 days of active military service. 

5.  The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that he held the rank and pay grade of specialist five/E-5 (SP5/E-5) on that date.  It also shows that he was serving in military occupational specialty (MOS) 94B (Cook), and that he earned the following awards during his tenure on active duty:  National Defense Service Medal; Vietnam Service Medal (VSM); and Republic of Vietnam (RVN) Campaign Medal with 60 device.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 6 June 1969 to 5 June 1970, and that he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry, performing duties in MOS 94B as a cook.

7.  The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the active duty unit commanders for which he served.

8.  The applicant provided a copy of a BSM award certificate that shows that he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN during the period 1 July 1969 through 30 April 1970.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that during the applicant‘s tenure of assignment in the RVN, he was credited with participating in four campaigns. 

10.  Chapter 4 contains guidance on the award of the AGCM and it states, in pertinent part, that this award is authorized for members who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years except in the case of the first award, in which case a period of 1 or more years is considered a qualifying period if it is awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the BSM should be added to the list of awards contained in his DD Form 214, and it finds this claim has merit. 

2.  The applicant provides a BSM certificate that shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN for the period 1 July 1969 to 30 April 1970.  This period is consistent with the applicant’s RVN assignment history and the Board finds no reason to doubt its validity.  Therefore, the Board finds it would be appropriate to add the BSM to his record at this time. 

3.  In addition, the evidence of record does confirms that the applicant served a qualifying period of honorable service, from 13 September 1967 through 
6 June 1970, that entitles him to the first award of the AGCM.  Lacking derogatory information on file or a specific disqualification by any of the active duty unit commanders for which he served, the Board concludes that it would be appropriate to add this award to his record at this time. 

4.  Finally, the record verifies that based on his campaign participation and unit service in the RVN, the applicant is entitled to four bronze service stars with his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board also finds that it would be appropriate to add these awards to his record at this time. 

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 for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal; by awarding him the first award of the Army Good Conduct Medal, for qualifying honorable active duty service from 13 September 1967 through 
6 June 1970; by showing he is entitled to four bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

__SK__  ___GW__  __RO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Conner, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003085414	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	. . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 60	107. 0014	
2.		
3.		
4.		
5.		
6.