PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001054861


         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
Mr. Lee Cates		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		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 that his records be corrected to show entitlement to awards for service in Korea and Vietnam (Armed Forces Expeditionary Medal (AFEM)), the Air Medal (AM) for Heroism, the Bronze Star Medal (BSM), the AM with oak leaf clusters for 1,000 plus hours, the Presidential Unit Citation (PUC) and/or the Meritorious Unit Commendation (MUC), the Vietnamese Cross of Gallantry with Palm (sic) and the Distinguished Flying Cross (DFC).

3. The applicant states that he was recommended for award of the DFC while assigned to the 235^th Aviation Company in Vietnam and for flying Cobra Helicopters. He further indicates it was never awarded. Additionally, he asks for any awards or decorations for service in Korea and in the Army Reserve.

4. The applicant’s military records show that, after serving 3 months and 22 days in the Reserve, he entered active duty as a second lieutenant in the Army in military occupational specialty 1981 (Rotary Wing Aviator).

5. During the period 5 January to 18 October 1966, he served in Company B, 7^th Aviation Battalion, 7^th Infantry Division, in Korea.

6. During the period 31 May 1967 to 29 May 1968, he served in the 114^th and 235^th Aviation Company, in Vietnam.

7. General Orders Number 2968, 1^st Aviation Brigade, dated 15 May 1968, announced the award of the AM for Heroism with OLC number 12.

8. General Orders Number 4828, 1^st Aviation Brigade, dated 19 July 1968, announced the award of the AM with OLC numbers 13 to 23.

9. General Orders Number 6412, 1^st Aviation Brigade, dated 17 September 1968, announced the award of the BSM for meritorious service during the period 22 May to 28 November 1968.

10. On 4 October 1968, he was honorably separated as a captain under Army Regulation 135-173, based on the expiration of his term of service. His separation document indicates he had 4 years of total active service. He was shown as entitled to award of the AM with OLC numbers 1 to 11, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device and the Army Aviator Badge.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22. The dates for eligibility in Vietnam are from 1 July 1958 to 3 July 1965 and 29 to 30 April 1975 (Evacuation of Saigon) and in Korea from 1 October 1966 to 30 June 1974.

12. 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.

13. Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and for 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 PUC (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.

15. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the MUC was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

16. Paragraph 6 of DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross. The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

17. Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the DFC. The regulation states that the DFC is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. The individual must be recommended and approved for this award.

CONCLUSIONS:

1. The applicant is not entitled to award of the AFEM for service in either Korea or Vietnam, since he did not meet the regulatory requirements for the award. While he was in Korea for a very short period during which this award was authorized, he did not meet the requirement that he serve for 30 consecutive or 60 non-consecutive days during the period covered.

2. The applicant was awarded the AM with number 12 for Heroism and the AM with numbers 13 to 23 and his records should be corrected accordingly.

3. The applicant was awarded the BSM for meritorious service and his record should be corrected accordingly.

4. The applicant is not entitled to award of the PUC for service in either Korea or Vietnam, since he did not meet the regulatory requirements for the award.

5. The applicant is not entitled to award of the MUC for service in either Korea or Vietnam, since he did not meet the regulatory requirements for the award.

6. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and his records should be corrected accordingly.

7. There is insufficient evidence to justify award of the DFC.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned had been awarded the AM with number 12 for Heroism, the AM with numbers 13 to 23, the BSM for meritorious service and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:

_bje____ _jpi____ __rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001054861
SUFFIX
RECON
DATE BOARDED	20010802
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.