Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001062925C070421
Original file (2001062925C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001062925


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Richard T. Dunbar 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, in effect, that his report of discharge (DD Form 214) be corrected to show all of his authorized decorations and awards.

3. The applicant’s military records show that he was inducted on 6 February 1970. He successfully completed his training at Fort Knox, Kentucky and departed on 12 June 1970, enroute to Vietnam. He was reported as absent without leave (AWOL) from 3 to 6 July 1970, and arrived in Vietnam on 14 July 1970. There is no indication of any disciplinary action being taken for the AWOL offense. In fact, he was promoted to the pay grade of E-3 on 1 August 1970. His conduct and efficiency ratings are all excellent. Upon arrival in Vietnam he was assigned to the 228th Aviation Battalion with duties of Armor Reconnaissance Specialist and subsequently was assigned the duties of a door gunner. On 13 September 1971, he was honorably released from active duty and on the next day was transferred to the USAR Control Group (Annual Training). The records show he was credited with 1 year, 7 months, and 5 days of total active Federal service. The awards shown on his DD Form 214 are the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM).

4. On 27 March 1971, orders were published awarding the applicant the Army Commendation Medal (ARCOM). However, it was never entered on his DD Form 214.

5. The evidence of record verifies that the applicant’s commander submitted a recommendation for award of the Air Medal with 12 oak leaf clusters (OLC) for the period 7 August 1970 through 3 November 1970. However, there is no indication it was ever processed to completion.

6. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards of the applicant’s unit in Vietnam during his period of service. His unit participated in two campaigns that entitled him to the award of two bronze service stars (BSS) for wear on his already awarded Vietnam Service Medal. Also, based on the unit’s period of participation, the applicant should be awarded the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.

7. Army Regulation 600-8-22 provides that the Army Good Conduct Medal (AGCM) 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 in writing by the commander.




8. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal (AM) 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. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards. The numeral 1 denotes the second award.

CONCLUSIONS:

1. The applicant is eligible for two BSS for his already awarded Vietnam Service Medal, by virtue of his participation in two campaigns during his service in Vietnam.

2. The ARCOM was awarded to the applicant for his meritorious service in connection with military operations against a hostile enemy force in Vietnam. Accordingly, it should be entered on his DD Form 214.

3. Although the applicant had 3 days of AWOL enroute to Vietnam, he was never punished for that offense, was never disqualified for award of the AGCM, he was promoted shortly thereafter, and had an excellent record of service. Accordingly, the Board believes that he should be awarded the AGCM for the period of 6 February 1970 thru 13 September 1971.

4. In accordance with the governing regulation and evidence of the applicant’s commander’s intentions to award him the Air Medal with 12 OLC’s, the Board has determined that it would be in the interest of justice to award him the Air Medal with the numeral “12” at this time.

5. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation subsequent to his departure. Therefore, it would be in the interest of justice to award him that award at this time and correct his records accordingly.

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




RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he is entitled to two BSS for wear on his already awarded VSM, the ARCOM, and by awarding him the AGCM for the period of service from 6 February 1970 through 13 September 1971, the AM with numeral “12” and the RVNGC with Palm Unit Citation.

BOARD VOTE:

__rtd____ _mkp ___ __eja ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001062925
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 66 107.0020
3. 102 107.0056
4. 140 107.0094
5.
6.




Similar Decisions

  • ARMY | BCMR | CY2011 | 20110017292

    Original file (20110017292.txt) Auto-classification: Approved

    His DD Form 214 shows he completed 2 years, 7 months, and 4 days of creditable active duty service and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the following awards: * National Defense Service Medal (NDSM) * ARCOM with "V" Device * Aircraft Crewman Badge (ACB) * Parachutist Badge * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device 1960 * 2 Overseas Bars * Marksman Marksmanship Qualification Badge...

  • ARMY | BCMR | CY2004 | 20040011575C070208

    Original file (20040011575C070208.doc) Auto-classification: Approved

    The applicant also claims his unit was awarded the RVNGC with Palm Unit Citation, and that he is entitled to the AGCM. However, there are no orders, flight records, or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him Army Good Conduct Medal; by showing his entitlement to the Air Medal with Numeral...

  • ARMY | BCMR | CY2003 | 2003087195C070212

    Original file (2003087195C070212.rtf) Auto-classification: Approved

    The applicant requests, in essence, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM) with four Oak Leaf Clusters (OLC), the Bronze Star Medal (BSM) with OLC, and the Combat Infantryman Badge (CIB). The applicants record contains three orders from Headquarters, 9th Infantry Division which shows that he was awarded the AM, CIB and the ARCOM with "V" Device. The available evidence supports that the...

  • ARMY | BCMR | CY2002 | 2002080352C070215

    Original file (2002080352C070215.rtf) Auto-classification: Approved

    On 18 April 1971, General Orders Number 221 awarded the applicant the ARCOM for meritorious service during the period of June 1970 to May 1971. A review of the applicant's records fails to show that he was awarded or recommended for award of the ARCOM for valor or any other award for valor. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 1 December 1969 through 30 August 1972.

  • ARMY | BCMR | CY2008 | 20080016109

    Original file (20080016109.txt) Auto-classification: Approved

    While the applicant has provided three BSM Certificates, orders for only two of those awards are in the applicant's records. The applicant's contention that his award of the Air Medal with 12 OLCs should be added to his records has been noted; however, he has failed to show through the evidence submitted with his application and the available evidence of record that he was awarded 13 awards of the Air Medal or that he was entitled to 13 awards of the Air Medal. As a result, the Board...

  • ARMY | BCMR | CY2012 | 20120003233

    Original file (20120003233.txt) Auto-classification: Approved

    The applicant requests his record be corrected to show award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. The MPRJ is void of any documents or orders indicating he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...

  • ARMY | BCMR | CY2003 | 2003084536C070212

    Original file (2003084536C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was awarded the Air Medal (AM) with 13 oak leaf clusters (OLC) during his first tour in Vietnam (28 August 1966 to 1 July 1967); however, he never received any additional awards of the AM during his second tour in Vietnam (May 1969 to May 1970). He had served 20 years, 1 month and 23 days of total active service and was awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the AM with 13 OLC, the Aircraft Crewman Badge, the...

  • ARMY | BCMR | CY2008 | 20080002115

    Original file (20080002115.txt) Auto-classification: Approved

    On 12 August 1970, General Orders Number 824, issued by United States Army Support Command – QUI NHON awarded the applicant the Army Commendation Medal (ARCOM) for the period of September 1969 to August 1970. A review of the available records fails to show any indication that the applicant was awarded the CIB or that he engaged the enemy in combat while assigned as an infantryman to an infantry unit in Vietnam. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2010 | 20100018250

    Original file (20100018250.txt) Auto-classification: Approved

    The applicant states that he was awarded all of those awards and they were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM. Adding the following awards to his DD Form 214: * BSM with 1OLC and “V” Device * ARCOM with 1OLC...

  • ARMY | BCMR | CY2009 | 20090020485

    Original file (20090020485.txt) Auto-classification: Approved

    The applicant requests that his deceased father be awarded two Silver Stars and two additional awards of the Bronze Star Medal; however, there are no orders or other evidence in his Official Military Personnel File authorizing these awards. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the Heavy Mortar Company of the 180th Infantry Regiment in Korea, this unit was awarded the Distinguished Unit...