PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 November 2002                   
	DOCKET NUMBER:   AR2002077828

	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. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Air Medal.  He also requests any awards and decorations to which he may be entitled.

3.  The applicant states that his discharge document fails to indicate all awards that he earned and was authorized.  In support of his application, he submits a copy of his DD Form 214; a letter of explanation, dated 3 February 1999; orders, a citation and an award certificate for the Army Commendation Medal; a newspaper article; and a Standard Form 180 (Request Pertaining to Military Records), dated 17 September 1998.

4.  The applicant’s military records show that he was inducted on 9 July 1970.  He served as a light weapons infantryman in Vietnam from 13 December 1970 through 12 December 1971 and was honorably released from active duty on 
17 January 1972.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal or the Air Medal as authorized awards.

6.  Headquarters 101st Airborne Division (Airmobile) General Orders Number 12098, dated 14 December 1971, show the applicant was awarded the Army Commendation Medal for meritorious service during the period December 1970 to December 1971.

7.  There are no flight hours recorded in the applicant’s service personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

8.  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.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

10.  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 6, dated 1974.  This award is not shown on his discharge document.

11.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.
            
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.  

14.  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 Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.  

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 July 1970 through 17 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.   

5.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation. 

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 individual concerned was awarded the Army Commendation Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

FNE_____  LE_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2002077828	
SUFFIX		
RECON		
DATE BOARDED	20021121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.