PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 1998
         DOCKET NUMBER: AC97-08314


         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
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. James E. Vick		Member
Mr. Luther L. Santiful		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.

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2. The applicant requests “validation of the ribbons/awards/citations not listed on DD 214”.

3. The applicant states that he believes he may be entitled to the Meritorious Unit Commendation, Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Presidential Unit Citation, the Joint Meritorious Unit Award, the Joint Service Commendation Medal, the Civil Actions Unit Citation (correctly known as the Vietnam Civil Actions Honor Medal First Class Unit Citation), the Overseas Service Ribbon, the Air Medal, and the Navy Unit Commendation Ribbon. In support of his application, the applicant submits an extract from the Mobile Riverine Force Association Bulletin which provides information on award of the Navy Commendation Ribbon to members of the River Assault Flotilla from 5 March 1968 to 24 January 1969 including elements of the 9th and 21st Infantry Divisions. The applicant states, in effect, that the unit to which he was assigned (162nd Assault Helicopter Company) was a supporting unit of the 9th Infantry Division.

4. The applicant’s military records show that he entered active duty in 21 August 1967 and completed training as an avionics communication equipment repairman. He served in Vietnam from 20 April 1968 to 20 November 1969 and was honorably discharged on 20 August 1970.

5. The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Meritorious Unit Commendation, Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Presidential Unit Citation, the Joint Meritorious Unit Award, the Joint Service Commendation Medal, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Overseas Service Ribbon, the Air Medal, and the Navy Unit Commendation Ribbon as authorized awards.

6. Records show the applicant was assigned to the 450th Signal Detachment from 1 May 1968 through 27 January 1969 and was assigned to the 162d Aviation Company (Assault Helicopter) from 28 January 1969 through 18 November 1969. Review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the units in which the applicant served in Vietnam were not cited for the Meritorious Unit Citation, the Presidential Unit Citation, the Vietnam Presidential Unit Citation, the Joint Meritorious Unit Award, or the Navy Unit Commendation Ribbon during the period of his assignment.

7. Review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 46, dated 1969, and the Vietnam Civil Action Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.

8. There is no indication in the applicant’s records that he served a period of qualifying service for award of the Overseas Service Ribbon.

9. There is no indication in the applicant’s records that he was recommended for or was awarded the Joint Service Commendation Medal or the Air Medal.

10. Army Regulation 670-1 (Uniforms and Insignia), in pertinent part, states that unit awards and citations are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

11. DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, for award of the Joint Meritorious Unit Award. It is awarded in the name of the Secretary of Defense to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected. Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature. The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.

12. Army Regulation 600-8-22 (Military Awards) shows the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

13. DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, for award of the Joint Service Commendation Medal to members of the Armed Forces of the United States who, after 1 January 1963, distinguished themselves by meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
14. Army Regulation 600-8-22 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.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was assigned to a unit in Vietnam during the period it was cited for award of the Meritorious Unit Commendation, Presidential Unit Citation, the Vietnam Presidential Unit Citation, the Joint Meritorious Unit Award, and the Navy Unit Commendation Ribbon. Therefore, the applicant is not entitled to award (permanent wear) of these unit awards

2. The applicant is entitled to award (permanent wear) of the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. There is no evidence of record which shows the applicant completed an overseas assignment after 1August 1981 or otherwise served a period of qualifying service for award of the Overseas Service Ribbon. His service in Vietnam was recognized with award of the Vietnam Service Medal; therefore, he is not eligible for award of the Overseas Service Ribbon for his tour in Vietnam. Based on the foregoing, the applicant is not entitled to award of the Overseas Service Ribbon.

4. There is no evidence of record, and the applicant has provided no evidence, that he was recommended for or awarded the Joint Service Commendation Medal or the Air Medal.

5. 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 the individual concerned was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the 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:

SAC____ JEV_____ LLS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON