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ARMY | BCMR | CY2001 | 2001061116C070421
Original file (2001061116C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001061116


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Donald P. Hupman, Jr. 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 that his Report of Transfer or Discharge, DD Form 214, be amended to add a second Purple Heart, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), a second and third Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Bronze Star Medal (BSM).

3. The applicant states that he was wounded a second time on 23 April 1968. The other medals were left off his DD Form 214. He provides his DD Form 214; a newspaper article showing he was awarded two Purple Hearts, a BSM for heroism, and an Air Medal; and a 1st Cavalry Division Vietnam Combat Certificate as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 17 May 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) on 19 October 1967. His Enlisted Qualification Record, DA Form 20, item 40 shows he was wounded on 6 April 1968. General Orders 2153, Headquarters, 1st Cavalry Division dated 11 April 1968 awarded him the Purple Heart for this wound. General Orders 3880, Headquarters, 1st Cavalry Division dated 6 May 1968 awarded him the Air Medal for the period October 1967 to March 1968. On 20 August 1968, he was reassigned to the 15th Administration Company, 1st Cavalry Division. On 24 August 1968, he was reassigned to the Headquarters and Headquarters Company, 15th TC (acronym unknown) Battalion, 1st Cavalry Division. General Orders 11651, Headquarters 1st Air Cavalry Division dated 1 September 1968 awarded him the BSM for service. He departed Vietnam on 15 October 1968. He was released from active duty on 16 May 1969 after completing 2 years of creditable active service with no lost time. His DA Form 20 shows that his conduct and efficiency had been rated as excellent during his entire service.

6. Army Regulation 600-8-22 provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility for award of the Air medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

8. Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 5th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 – 19 May 1969. It had been awarded the PUC for the period 23 October – 26 November 1965; however, the applicant was not assigned to the unit at that time. It was never awarded the MUC. It was awarded the Navy Unit Commendation for the period 6 – 8 May 1968. No other unit to which the applicant was assigned was awarded the PUC or the MUC.

9. The newspaper article the applicant provides indicates he received the Combat Infantryman Badge, the Air Medal, two awards of the Purple Heart, and BSM for heroism.

10. A search by the Awards Section, U. S. Total Army Personnel Command failed to reveal the applicant was awarded additional awards of the Air Medal, a second Purple Heart, or the BSM for heroism.

CONCLUSIONS:

1. There is no evidence of record to show the applicant was awarded a second Purple Heart, a second and third Air Medal, or the BSM for heroism. The Board notes the information contained in the newspaper article the applicant provided; however, without orders the article is insufficient evidence to verify that these decorations were awarded.

2. The applicant was not assigned to a unit during a period of time that unit was awarded the PUC. He may have been authorized to temporarily wear the PUC while he was assigned to the 1st Battalion, 5th Cavalry. He was not assigned to a unit that was awarded the MUC.

3. The applicant was assigned to a unit during a period of time that unit was awarded the Navy Unit Commendation and so is authorized to wear that award on a permanent basis. He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear that award, also.

4. The applicant met the eligibility criteria for award of the Army Good Conduct Medal.
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 awarding the applicant the Army Good Conduct Medal for the period 17 May 1967 – 16 May 1969.

2. That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

__inw___ __hof___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001061116
SUFFIX
RECON
DATE BOARDED 20020115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0015
3. 107.0012
4. 107.0031
5. 107.0034
6.


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