PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 FEBRUARY 2003                  
	DOCKET NUMBER:   AR2002076245

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr. 		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn II		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 reflect award of the Bronze Star Medal.  He states that a request for an award of the Bronze Star Medal was initiated while he was outprocessing from Vietnam.  He notes that he was told the award would "catch up with" him at his next duty station, but it never did.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 29 May 1969.  While undergoing training he qualified as marksman with the pistol and as an expert with the recoilless rifle.  He was awarded the associated badges and component bars, but the information was omitted from his separation document.

4.  In November 1969 he was assigned to Vietnam with the 2nd Battalion, 501st Infantry.  Although he was initially assigned as an ammunition bearer, in June 1970 he was assigned duties as a rifleman.  In May 1970 he was awarded an Army Commendation Medal for meritorious achievement during the period 
1 December 1969 through 30 April 1970.

5.  The applicant departed Vietnam on 21 October 1970.  His records contain a copy of a Disposition Form, dated 20 October 1970 and authenticated by his unit commander requesting "award of the Bronze Star for [the applicant] for meritorious service…."  The form is addressed to the applicant's battalion commander.  There is no indication regarding the outcome of the award request.  A search of historical file associated with the applicant's organization failed to reveal an order awarding the applicant the Bronze Star Medal, or that the request was denied.  The award is not reflected on his separation, or in item 41 (awards and decorations) on his Department of the Army Form 20 (Enlisted Qualification Record).

6.  The applicant completed his enlistment at Fort Hood, Texas and in May 1971 was released from active duty, with an honorable characterization of service, in pay grade E-4.

7.  Army Regulation 600-8-22 states that the Bronze Star Medal was established in 1944 and may be awarded to any person who, while serving in any capacity with the Army of the United States, distinguishes himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

8.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  The applicant received excellent conduct and efficiency ratings throughout his military service and there is no evidence of any misconduct or disciplinary actions in the applicant's file.

9.   A review of Department of Defense Pamphlet 672-3 indicates that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and three bronze service stars on his Vietnam Service Medal denoting participation in three designated campaigns (Republic of Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII).  His separation document reflects entitlement to only two bronze service stars.

CONCLUSIONS:

1.  The evidence supports a conclusion that the applicant was recommended for an award of the Bronze Star Medal one day prior to his departure from Vietnam.  The Board notes that his conduct and efficiency while in Vietnam was described as excellent and that he had previously received an Army Commendation Medal for meritorious achievement.  While there is no conclusive evidence that the unit commander's request was processed to conclusion, there is also no evidence the award was denied.  As such, as a matter of equity and compassion, the Board concludes that the applicant's service in Vietnam was such as to warrant an award of the Bronze Star Medal.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant qualified as marksman with the pistol and as an expert with the recoilless rifle and was awarded the associated badges and component bars.  His records should be corrected to reflect that information.

3.  Based on the applicant's service in Vietnam he is entitled to three bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 28 May 1971.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 29 May 1969 through 28 May 1971.

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 be corrected:

a.  by awarding the individual concerned the Bronze Star Medal;

b.  by awarding him the Army Good Conduct Medal for the period 29 May 1969 through 28 May 1971;

c.  by showing that qualified as marksman with the pistol and as an expert with the recoilless rifle and was awarded the associated badges and component bars; and 

d.  by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:  

__RVO__  __GJW__  __RJO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002076245	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030213	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.