PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 August 2003      
	DOCKET NUMBER:   AR2003086158

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant states, in effect, that in 1973 the Republic of Vietnam Government made a blanket award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Commander, Military Assistance Command Vietnam, and all subordinate units.  He contends that anyone who served in Vietnam is entitled to these two unit awards.  In support of his application, he submits a letter, dated 11 January 2003. 
 
4.  The applicant’s military records show that he enlisted on 29 August 1969 for a period of 2 years.  He served as a light weapons infantryman assigned to 
Company B, 5th Battalion, 46th Infantry in Vietnam from 23 August 1970 through 28 May 1971 and was released from active duty on 28 May 1971 after completing 1 year and 9 months of creditable active service. 

5.  The applicant's DD Form 214 does not show the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it, nor was this unit citation awarded as a blanket award to all units which served in Vietnam.

8.  23rd Infantry Division General Orders Number 5173, dated 6 May 1971, show the applicant received the basic Air Medal.  This award is not shown on his DD Form 214.

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

10.  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.
11.  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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.
  
CONCLUSIONS:

1.  Department of the Army Pamphlet 672-3 shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

2.  The evidence of record does not support the applicant's contention that the Republic of Vietnam Government made a blanket award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Commander, Military Assistance Command Vietnam, and all subordinate units.  Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in this case.

3.  The applicant received the basic award of the Air Medal on 6 May 1971.  Therefore, his DD Form 214 should be corrected to show this medal. 

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which are not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show these awards.   
5.  The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 August 1969 through 28 May 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

6.  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 applicant was awarded the first award of the Good Conduct Medal for the period 29 August 1969 through 28 May 1971.

2.  That the applicant's DD Form 214 be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Air Medal, the Vietnam Service Medal with one bronze service star and the first award of the Good Conduct Medal.

3.  That so much of the application as pertains to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be denied.

BOARD VOTE:  

AAO___  TBR____  MMB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086158	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.