PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 February 2003                   
	DOCKET NUMBER:   AR2002077526

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) and two bronze service stars (BSS's) for his Vietnam Service Medal (VSM).

3.  The applicant states that, upon his return from Vietnam to Oakland, California, he was separated and then he was awarded the ARCOM and two BSSs.  He states that in 2000, he requested a copy of his DD 214 and found that the awards were not shown.  He believes the reason that these awards are not shown is that the orders never caught up with his records.  He requests that the above corrections be made and that copies of the orders and awards be forwarded to him.  He states that his last 10 months in the military were served with the 1097th Transportation Company, 9th Infantry Division, Vietnam.  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 20 June 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 61B, Harbor Craft Boatswain.  He arrived in Vietnam on 27 August 1968.  On or about 5 September 1968, he was assigned to the 1097th Transportation Company, 9th Infantry Division.  

5.  The applicant served in Vietnam during three campaigns:  Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and Tet 1969 Counteroffensive.  On or about 12 June 1969, he left Vietnam and he was assigned to the US Army Personnel Center, Oakland, California, for separation processing.   

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was authorized award of the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal (VCM) with Device 60.  The DA Form 20 does not indicate that he was ever issued these awards.

7.  The applicant was honorably released from active duty on 11 June 1969.  His DD Form 214 also shows that he was authorized the awards shown on his DA Form 20.  However, it does not show award of the 60 Device or the three BSS's that he is authorized for the three campaigns in which he participated.  Neither does it show award of the ARCOM.

8.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) 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 GCMDL, disqualification must be justified.  In the applicant’s case, there is no evidence of derogatory information in his available records, nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL; therefore, he is authorized awarded the GCMDL.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a BSS, 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.

11.  Army Regulation 600-8-22 also provides that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.  The applicant is entitled to one overseas service bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of:  the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period January-June 1969 by DAGO Number 59, dated 1969; and the RVN Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966-28 June 1969 by DAGO Number 59, dated 1969.  His DD Form 214 does not show these.  The applicant's unit may have received these awards after he had been released from active duty.

CONCLUSIONS:

1.  Award of the ARCOM must be announced in orders, the applicant's record does not contain any orders or supporting evidence for award of the ARCOM and the applicant has provided none.

2.  The available evidence supports that the applicant served honorably.  There is no evidence of any misconduct, nor is there evidence that his unit commander ever denied him award of the GCMDL.  Therefore, he is entitled to award of the GCMDL for his period of honorable service from 20 June 1967-11 June 1969. 

3.  The applicant is also entitled to have his DD Form 214 corrected to show that he was awarded the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, three BSS's for wear on his VSM, the overseas service bar for his period of service from 20 June 1967-11 June 1969, and the 60 Device for wear on the VCM.

4.  The applicant should also be furnished those awards that are currently shown on his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected and that the individual concerned be issued a DD Form 215 (Correction to DD Form 214) showing that he was awarded the GCMDL, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation, three BSS's for wear on his VSM, the overseas service bar and the 60 Device for wear on the VCM.  The individual concerned should also be furnished all awards and decorations to which he is collectively entitled.

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

BOARD VOTE:  

__jhl___  __le____  __alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077526	
SUFFIX		
RECON		
DATE BOARDED	20030220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19690611	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0200	
2.		
3.		
4.		
5.		
6.