PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001057115


         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. P. A. Castle		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Melvin H. Meyer		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, in effect, that his report of discharge (DD Form 214) be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM), the Republic of Vietnam Gallantry Cross (RVNGC), the Meritorious Unit Commendation (MUC) and the Presidential Unit Citation (PUC). He states that one of the three Distinguished Flying Cross (DFC) Medals he received was down graded from a recommendation for the Silver Star (SS). He requests it be upgraded.

3. The applicant states, in effect, he discovered the absence of these awards from his DD Form 214 when he applied for benefits with the Veterans Administration (VA).

4. The applicant’s military records show that he enlisted on 4 January 1967, under the Warrant Officer flight-training program. He completed his training and accepted a warrant officer (WO) appointment on 12 February 1968. Vietnam was his first assignment as a WO1 where he served from March 1968 to March 1969. He was promoted to Chief Warrant Officer (CW2) on 13 February 1969 and released from active duty on 12 August 1970. He had a total of 3 years, 7 mos, and 8 days of active Federal service this period.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he served in Vietnam from March 1968 to March 1969 and participated in five campaigns: Tet Counteroffensive 30 January- 1 April 1968; Counteroffensive, Phase IV 2 April-30 June 1968; Counteroffensive, Phase V 1 July-1 November 1968; Counteroffensive, Phase VI 2 November 1968-22 February 1969; and Tet 69 Counteroffensive 23 February-8 June 1969.

6. 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.

7. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star (SSS) is authorized in lieu of five bronze service stars.

8. His military record shows he received the National Defense Service Medal (NDSM), Good Conduct Medal (GCMDL), Army Aviator Badge (AAB), Vietnam Service Medal (VSM), Air Medal (AM) (thru 30^th oak leaf cluster) (OLC), Vietnam Campaign Medal (VCM) (with/60 Device), Bronze Star Medal (BSM) and the Distinguished Flying Cross (DFC) with two oak leaf clusters.

9. There is no evidence in the record, nor did the applicant submit evidence to show that he was awarded the ARCOM. The record also does not contain any evidence to support his contention that a DFC was downgraded from a SS.

10. Army Regulation 600-8-22 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.

11. Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the Distinguished Flying Cross. The regulation states that the Distinguished Flying Cross 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13. 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 pamphlet shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross w/Palm Unit Citation (RVNGC); the Meritorious Unit Commendation; the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966); the Valorous Unit Award; and the Republic of Vietnam Civil Actions Honor Medal (VCAHM) First Class Unit Citation.

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CONCLUSIONS:

1. There is no evidence nor does the applicant’s DD Form 214 or records support that he should be awarded the ARCOM or the SS.

2. If the applicant feels that his DFC should be upgraded and that he should have been awarded another award for valor for his actions, a reconstructed award recommendation must be prepared. DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized. A narrative of the action(s) for which he is being recognized is required. Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation. The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN: TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA 22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

3. Army regulations and the applicant’s records do support the award of or entitlement to one SSS for his already awarded VSM, the RVNGC w/Palm, MUC, PUC, VUC, VCAHM.

4. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned one Silver Service Star for his already awarded Republic of Vietnam Service Medal, the Republic of Vietnam Gallantry Cross w/Palm unit Citation, the Meritorious Unit Commendation, the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and by correcting his records accordingly.

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

BOARD VOTE:

___gp___ __mm__ __tap _ GRANT AS STATED IN RECOMMENDATION

________ _______ ______ GRANT FORMAL HEARING

________ _______ ______ DENY APPLICATION




                  ____George D. Paxson_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057115
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/02/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 66	107.0020
2. 140	107.0094
3. 80	107.0034
4. 77	107.0031
5. 53	107.0007
6.