PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001064335


         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:

Mr. Raymond V. O’Connor, Jr.		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.

---

2. The applicant requests that his Report of Transfer or Discharge, DD Form 214, be amended to show he was awarded the Vietnamese Gallantry Cross, three Army Commendation Medals (ARCOMs) to include one for valor, five Bronze Star Medals (BSMs) to include one for valor, 40 Air Medals, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), and the Army Aviation Broken Wing Award.

3. The applicant makes no additional statement. He provides his DD Form 214 as supporting evidence.

4. The applicant’s military records show that he was commissioned and entered active duty on 8 June 1966. He completed the officer basic course and was awarded specialty 1193 (Field Artillery Unit Commander).

5. The applicant’s Officer Qualification Record, DA Form 66, shows he was assigned to Battery (Btry) A, 8^th Battalion (Bn), 6^th Artillery (Arty), 1^st Infantry Division (1^st ID) as an acting executive officer on 31 August 1967. He was reassigned to Btry C, 8^th Bn, 6^th Arty, 1^st ID on 25 November 1967 as a forward observer. He was reassigned to Btry B, 1^st Bn, 5^th Arty, 1^st ID on 1 December 1967 as a forward observer. He was reassigned to Headquarters and Headquarters Service Battery, 1^st Bn, 5^th Arty, 1^st ID on 8 June 1968 as an assistant S-3 (operations officer). He departed Vietnam on 26 August 1968 and was credited with four campaigns.

6. General Orders (GO) 5447, Headquarters, 1^st ID dated 13 June 1968 awarded the applicant the BSM for the period August 1967 to May 1968. GO 8154, Headquarters, 1^st ID dated 10 August 1968 amended GO 5447 to read the BSM 1^st oak leaf cluster. (Both of these GOs show he was assigned to Company C, 1^st Bn, 26^th Infantry). GO 7045, Headquarters, 1^st ID dated 19 July 1968 awarded him the BSM with V device for action on 28 February 1968. GO 10546, Headquarters, 1^st ID dated 7 October 1968 awarded him the Air Medal for the period 28 August 1967 to 10 August 1968.

7. The applicant was awarded specialty 1981 (Rotary Wing Aviation Unit Commander) on 27 July 1971.

8. The applicant’s DA Form 66 shows he returned to Vietnam in October 1971. He was assigned to Headquarters and Headquarters Company, 229^th Aviation Bn, 3d Brigade, 1^st Cavalry Division on 19 October 1971, duties unassigned. He was reassigned to Btry F, 79^th Arty, 3d Brigade, 1^st Cavalry Division on 21 October 1971 as a platoon commander. On 5 March 1972, he was awarded specialty 61193 (Aviation Field Artillery Unit Commander). On 13 May 1972, his duties changed to rotary wing platoon leader. He departed Vietnam on 15 August 1972 and was credited with four campaigns.

9. GO 61, Headquarters, 3d Brigade, 1^st Cavalry Division dated 18 January 1972 awarded him the ARCOM for the period 25 October – 10 November 1971. (This should have been the ARCOM 1^st oak leaf cluster. He was awarded the basic ARCOM on GO 108, Headquarters, 5^th ID, Fort Carson, Colorado dated 24 April 1970.) GO 1483, Headquarters, 3d Brigade, 1^st Cavalry Division dated 20 May 1972 awarded him the BSM (no oak leaf cluster) for the period March 1971 – April 1972.

10. On 15 November 1972, the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation.

11. The applicant was discharged on 30 June 1973. In addition to several service medals, badges, and the Ranger Tab, his DD Form 214 shows he was awarded the BSM with V device and 1 oak leaf cluster, the Air Medal, one ARCOM, and the Distinguished Flying Cross.

12. Army Regulation 600-8-22 provides for the 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.

13. At the time, U.S Army Vietnam Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. There was no provision for making the award simply because an aircraft was struck by enemy fire.

14. Army Regulation 600-8-22 provides for wear of a bronze service star on the Vietnam Service Medal for each credited campaign. A silver service star is worn in lieu of five bronze service stars.

15. Department of the Army Pamphlet 672-3 shows the 8^th Bn, 6^th Arty, 1^st ID was awarded the MUC for the period 1 July 1967 – 31 March 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 – 16 October 1968. The 1^st Bn, 5^th Arty, 1^st ID was awarded the MUC for the period 1 May 1967 – 31 July 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 – 16 October 1968, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 – 7 April 1970. Headquarters and Headquarters Company, 229^th Aviation Bn was awarded the PUC for the period 5 April – 7 July 1972; however, the applicant was not assigned to the unit during this period. Btry F, 79^th Arty, 3d Brigade, 1^st Cavalry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 – June 1972. The pamphlet states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received. The 1^st Bn, 26^th Infantry was not awarded either the PUC or the MUC.

16. Army Regulation 672-74, Army Accident Prevention Awards Program, states that the Broken Wing Award was originally established as the Commandant’s Broken wing Safety Award by the U. S. Army Aviation Center Regulation Number 385-14 dated 22 June 1967 to recognize U. S. Army Aviation Center, U. S. Army Aviation School, and Fort Rucker tenant aviators who demonstrated exceptional skill in recovering Army aircraft from in-flight emergencies. In 1968, a staff study concluded that worldwide implementation of the award was warranted. The Army Aviation Broken Wing Award was established and incorporated on 16 September 1968.

17. The Awards Branch, U. S. Total Army Personnel Command, could locate only GO 5447, Headquarters, 1^st ID dated 13 June 1968 awarding the applicant the BSM, in their orders files.

CONCLUSIONS:

1. There is no evidence of record and the applicant provided no evidence to show he was awarded an additional ARCOM (with V device), two additional BSMs, and 39 additional Air Medals.

2. There is no evidence of record and the applicant has provided none to show he was awarded the Army Aviation Broken Wing Award.

3. The applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation.

4. The applicant was assigned to the 8^th Bn, 6^th Arty, 1^st ID during a period time this unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He was assigned to the 1^st Bn, 5^th Arty, 1^st ID during a period of time this unit was awarded the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. He was assigned to Btry F, 79^th Arty, 3d Brigade, 1^st Cavalry Division during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, his official records should reflect all three awards.

5. No unit to which the applicant was assigned was awarded the PUC during a period of time he was assigned to the unit.

6. The applicant is authorized to wear one silver service star and two bronze service stars on the Vietnam Service Medal

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

RECOMMENDATION:

1. That the applicant’s DD Form 214 be amended to delete the Vietnam Service Medal, the Bronze Star Medal with V device and one oak leaf cluster, and the Army Commendation Medal.

2. That the applicant’s DD Form 214 be amended to show he was awarded the Vietnam Service Medal with one silver service star and two bronze service stars, two awards of the Army Commendation Medal, three awards of the Bronze Star Medal including one with V device, the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation, two awards of the Meritorious Unit Commendation, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

3. 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, Jr.
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001064335
SUFFIX
RECON
DATE BOARDED	20020228
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.