PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               4 November 1998               
	DOCKET NUMBER:      AC98-10223

	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. Loren G. Harrell		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 records to show two awards of the Bronze Star Medal, the “Vietnamese Cross of Gallantry” (correctly known as the Vietnam Cross of Gallantry with Palm Unit Citation), and correction of item 25 (Education and Training Completed) of his DD Form 214 (Report of Transfer or Discharge) to show “graduate” of the Noncommissioned Officer (NCO) Academy.

3.  The applicant states that he was awarded a second Bronze Star Medal in February 1970, the Vietnam Cross of Gallantry with Palm Unit Citation in January 1970 and was a graduate of the NCO Academy in November 1968.  He states that these awards were given to him, but they are not shown on his DD Form 214 and he did not receive citations for them.

4.  The applicant’s military records show that he was inducted on 6 March 1968 and completed training as an armor intelligence specialist.  He served in Vietnam from 25 March 1969 to 22 February 1970 and was honorably discharged on 25 February 1970.

5.  The applicant’s DD Form 214 does not show two awards of the Bronze Star Medal or the Vietnam Cross of Gallantry with Palm Unit Citation as authorized awards.  His discharge document does show one award of the Bronze Star Medal.  The Board notes that the applicant is entitled to award of the Army Commendation Medal with “V” Device and the Good Conduct Medal which are not shown on his DD Form 214.

6.  There are no orders in the applicant’s records which show he was awarded a second award of the Bronze Star Medal.  There is no indication in his personnel records which show he was recommended for a second award of the Bronze Star Medal.

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

8.  The applicant’s DD Form 214 does not show he completed training at the NCO Academy.  His DA Form 20 (Enlisted Qualification Record) does show that he completed the Armor Noncommissioned Candidate Course (ANCOCC) at the U.S. Army Training Center (USATC) in Fort Knox, Kentucky in 1968.  The applicant’s personnel records also contain special orders which show he was assigned temporary duty (TDY) to the USATC in Fort Knox for a period of 
8 weeks to attend ANCOCC.

9.  The applicant was awarded the Army Commendation Medal with “V” Device by Americal Division General Orders Number 896, dated 22 January 1970.

10.  The applicant’s records show that his conduct and efficiency were “excellent” throughout his service.  However, there is no evidence that he was awarded or was disqualified from receiving the Good Conduct Medal.

11.  Army Regulation 600-8-22 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. 

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 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 25 will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded a second award of the Bronze Star Medal.  Therefore, he is not entitled to correction of his records to show two awards of the Bronze Star Medal.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  Based on the applicant’s completion of 8 weeks of training in the ANCOCC; he is entitled to correction of item 25 of his DD Form 214 to show training completed as “Armor NCO Candidate Course, 8 weeks, 1968”.

4.  The applicant was awarded the Army Commendation Medal with “V” Device; therefore he is entitled to correction of his records to show this award.

5.  The applicant is entitled to the Good Conduct Medal for the period 6 March 1968 through 25 February 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

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:

a.  by showing the individual concerned was awarded the Vietnam Cross of Gallantry with Palm Unit Citation, the Army Commendation Medal with “V” Device, the Good Conduct Medal and;

b.  by showing training completed as “Armor NCO Candidate Course, 
8 weeks, 1968” in item 25 of his DD Form 214.

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

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON