PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002   
	DOCKET NUMBER:   AR2002075693

	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. John P. Infante		Member	
	Ms. Regan K. Smith		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 military records to show award of the Bronze Star Medal with “V” Device, the Presidential Unit Citation and the Valorous Unit Award. 

3.  The applicant provided a copy of orders for the Purple Heart; orders for the Bronze Star Medal with “V” Device; and a copy of his DD Form 214 (Report of Transfer or Discharge) in support of his application.  

4.  The applicant’s military records show that he was inducted on 4 October 1968.  He served as a light weapons infantryman in Vietnam from 27 March 1969 through 4 July 1969 and was honorably released from active duty on 
26 September 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device, the Presidential Unit Citation or the Valorous Unit Award as authorized awards.

6.  1st Cavalry Division (Airmobile) General Orders Number 7248, dated 8 June 1969, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 5 June 1969 in Vietnam.  The Board noted that the service number shown on these orders for the Bronze Star Medal with “V” Device is not the applicant’s service number.  However, the citation contained in these orders show the applicant’s name, his military occupational specialty and his unit.  The citation also indicates that the applicant was seriously wounded on this date.  The applicant’s service personnel records contain orders for award of the Purple Heart for wounds sustained on 5 June 1969.         

7.  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 not cited for award of the Presidential Unit Citation or the Valorous Unit Award while he was assigned to it.

8.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.  This award is not shown on his discharge document.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 
3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

13.  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.

CONCLUSIONS:

1.  The applicant received the Bronze Star Medal with “V” Device.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

2.  Evidence of record shows the applicant’s unit was not cited for the Presidential Unit Citation or the Valorous Unit Award while he was assigned to it. Therefore, there is no basis for granting the applicant’s request for these unit awards. 

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

AAO___  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002075693	
SUFFIX		
RECON		
DATE BOARDED	20021114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.