PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001063123


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal, the Bronze Star Medal and an unspecified number of Air Medals.

3. The applicant states that he received orders for the Army Commendation Medal and the Bronze Star Medal six months after his discharge; therefore, his DD Form 214 does not show these awards. He also contends, in effect, that he served as a helicopter crew chief with the 498th Medical Company in Vietnam from 24 March 1969 to 24 February 1971 and would like his records updated to reflect his Air Medals. In support of his application, he submits a letter of explanation, dated 11 May 2001; and orders for the Army Commendation Medal and the Bronze Star Medal.

4. The applicant’s military records show that he entered active duty on 26 July 1968 for a period of 3 years. He served as a helicopter repairman in Vietnam from 24 March 1969 through 24 February 1971 and was honorably released on 25 February 1971.

5. The applicant’s DD Form 214 does not show the Army Commendation Medal, the Bronze Star Medal or any award of the Air Medal as authorized awards.

6. U.S. Army Vietnam General Orders Number 2537, dated 31 August 1971, show the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam during the period March 1970 to February 1971.

7. U.S. Army Vietnam General Orders Number 2531, dated 30 August 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam during the period March 1969 to March 1970.

8. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that his principal duty was helicopter crew chief during his assignment in Vietnam. However, there are no flight hours recorded in his records and there are no General Orders for award of the Air Medal.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show he served in Vietnam from 24 March 1969 through 24 February 1971 and participated in five campaigns (Tet
69 Counteroffensive, 1969 from 23 February 1969 to 8 June 1969; Vietnam Summer-Fall 1969 from 9 June 1969 to 31 October 1969; Vietnam Winter-Spring 1970 from 1 November 1969 to 30 April 1970; DA Sanctuary Counteroffensive from 1 May 1970 to 30 June 1970; and Vietnam Counteroffensive, Phase VII from 1 July 1970 to 30 June 1971).

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his discharge document.

12. Army Regulation 600-8-22 (Military Awards) 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.

13. 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. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

14. Army Regulation 600-8-22 provides that the Good Conduct Medal 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.

CONCLUSIONS:

1. The applicant received the Army Commendation Medal and the Bronze Star Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

2. The Board considered the applicant’s request that his DD Form 214 be corrected to show an unspecified number of Air Medals. However, there are no flight records, evidence of hours flown or General Orders for the Air Medal in the applicant’s service personnel records. Therefore, there is no basis for granting the applicant’s request.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 26 July 1968 to 25 February 1971 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

6. 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 that the individual concerned was awarded the Army Commendation Medal, the Bronze Star Medal, the Vietnam Service Medal with one silver service star, the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

AAO____ MHM___ KAH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063123
SUFFIX
RECON
DATE BOARDED	20020129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0020
2.	107.0014
3.	107.0073
4.	107.0056
5.	107.0094
6.	107.0018