PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001064067


         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. Raymond V. O’Connor		Chairperson
Ms. Celia L. Adolphi		Member
Mr. John T. Meixell		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, correction of his military records to show award of the Aircraft Crew Member Badge, the Meritorious Unit Commendation, two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)), the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, two bronze service stars to be affixed to his Vietnam Service Medal, the Meritorious Service Medal and the Vietnam Campaign Medal.

3. The applicant states that due to poor personnel records upkeep a number of medals were never awarded. In support of his application, he submits a DA Form 2658 (Health Record - Abstract of Service); three eyewitness statements, dated 5 March 2001, from the company clerk of Headquarters and Headquarters Detachment, 58th Transportation Battalion at the time in question; an eyewitness statement, dated 3 January 2001, from a fellow soldier who served with the applicant in Vietnam; an operational report of Headquarters, 58th Transportation Battalion for the period ending 31 October 1968; page four of his DA Form
20 (Enlisted Qualification Record); a photograph of a soldier; an operational report of Headquarters, 58th Transportation Battalion for the period ending
30 April 1968; discharge orders from the U.S. Army Reserve Control Group Standby, dated 26 July 1972; a photograph of a soldier on a helicopter; his DD Form 214 (Report of Transfer or Discharge); and a DD Form 214 belonging to the soldier who provided the eyewitness statement dated 3 January 2001.

4. The applicant’s military records show that he enlisted on 22 August 1966 for a period of 3 years. He successfully completed basic combat training and advanced individual training (AIT) and was transferred to Germany for duty as a field wireman. He served as a field wireman in Vietnam from 13 February 1968 through 23 March 1969 and was honorably released on 27 March 1969.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Aircraft Crew Member Badge, the Meritorious Unit Commendation, the Purple Heart (First Oak Leaf Cluster), the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Vietnam Service Medal with two bronze service stars, the Meritorious Service Medal or the Vietnam Campaign Medal as authorized awards.

6. There is no evidence in the available records which shows the applicant was awarded or served in military occupational specialty (MOS) 67 (aircraft maintenance). The applicant’s records show he completed AIT and was awarded MOS 36K (field wireman) on 10 December 1966. His records also show that he served in MOS 36K during his assignment in Vietnam.

7. There is no evidence in the available records which shows the applicant was on flying status as a non-crewmember in Vietnam. There is also no evidence that he qualified based on a Class III physical examination, held a principal duty assignment as a door gunner or that he performed at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of door gunner during his assignment in Vietnam.

8. The applicant provided an eyewitness statement, dated 5 March 2001, from the company clerk at the time in question. The company clerk states that the applicant had three assigned duty MOS’s during his assignment in Vietnam, MOS 57A10 (security team), MOS 36K20 (infantry field wireman) and helicopter door gunner. The applicant also provided a statement, dated 3 January 2001, from a fellow soldier attesting that the applicant served as a door gunner during his assignment in Vietnam.

9. 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 document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1967 to 31 October 1968 by Department of the Army General Orders Number 39, dated 1970. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 January 1970 by Department of the Army General Orders Number 51, dated 1971.

10. There is no evidence in the applicant’s service personnel records which shows that he was wounded or treated for wounds as a result of hostile action.

11. His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty List.

12. The applicant provided two eyewitness statements in support of his claim for two awards of the Purple Heart. One statement provided by the company clerk at the time in question, dated 5 March 2001, indicates that the applicant was wounded by mortar fragments during a mortar attack and that the applicant elected not to leave the compound to seek medical treatment. An eyewitness statement, dated 3 January 2001, from a fellow soldier attests that the applicant was wounded in February 1968 by rocket fire.

13. There is no evidence in the applicant’s service personnel records which shows he participated in an authorized military operation during a period of qualifying service for award of the Armed Forces Expeditionary Medal.

14. There is no evidence in the applicant’s service personnel records which shows the applicant qualified for or was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. His DA Form 20 (Enlisted Qualification Record) shows that he qualified for only the Expert Marksmanship Qualification Badge with Rifle Bar. This award is properly shown on his discharge document.

15. Records show the applicant served in Vietnam from 13 February 1968 to
23 March 1969 and participated in five campaigns Tet Counteroffensive,
30 January 1967 to 1 April 1968; Vietnam Counteroffensive, Phase IV, 2 April 1968 to 30 June 1968; Vietnam counteroffensive, Phase V, 1 July 1968 to
1 November 1968; Vietnam Counteroffensive, Phase VI, 2 November 1968 to
22 February 1969; and Tet 69 Counteroffensive, 1969, 23 February 1969 to
8 June 1969.

16. There is no evidence in the available records which shows the applicant was recommended for or awarded the Meritorious Service Medal.

17. 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.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

19. The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge. The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

20. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than
12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

21. Personnel who are precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge. Further, an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

22. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

23. Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 to friendly foreign nations. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is 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.

24. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

25. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. The regulation 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. The regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

26. Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

27. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. The Board considered the statements provided in support of the applicant’s claim for award of the Aircraft Crew Member Badge. However, there is no evidence of record available to the Board which shows the applicant completed formal AIT in MOS 67, was on flying status as a non-crewmember, was qualified based on a Class III examination, held a principal duty assignment as a door gunner or that he performed at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of door gunner during his assignment in Vietnam. Therefore, there is no evidence on which to base award of the Aircraft Crew Member Badge in this case.

2. The applicant’s unit was cited for two awards of the Meritorious Unit Commendation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show two awards of the Meritorious Unit Commendation.
3. The Board considered the statements provided by the applicant in support of his claim for two awards of the Purple Heart. However, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

4. There is no evidence in the available records which shows the applicant served a period of qualifying service for award of the Armed Forces Expeditionary Medal. Therefore, there is no basis for granting award of the Armed Forces Expeditionary Medal in this case.

5. There is no evidence of record available to the Board which shows the applicant was awarded or qualified for the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. Therefore, there is no basis for granting award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar in this case.

6. The applicant’s DD Form 214 does not show the Vietnam Service Medal as an authorized award. Evidence of record also shows the applicant participated in five campaigns during his assignment in Vietnam. 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.

7. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Meritorious Service Medal. Therefore, there is no basis for granting award of this medal.

8. The applicant is entitled to award of the Vietnam Campaign Medal for his service in Vietnam. Therefore, he is entitled to correction of his military records to show this award.

9. The applicant’s unit was cited for award of 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 military records to show this unit citation.

10. 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 showing that the individual concerned was awarded two awards of the Meritorious Unit Commendation, the Vietnam Service Medal with one silver service star, the Vietnam Campaign 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:

RVO___ CLA_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064067
SUFFIX
RECON
DATE BOARDED	20020228
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0034
2.	107.0073
3.	107.0094
4.	107.0015
5.	107.0072
6.	107.0108