PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001065250


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Ronald E. Blakely		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 total active service on both of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests correction of his records to show award of the Air Medal, the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states that the total years he served on active duty is incorrectly shown on his discharge documents. He states that he received the Air Medal for 52 flights into “hot” LZ’s [landing zones] but it is not on his discharge document. He thought he had a Bronze Star Medal which is also not shown on his discharge document. He claims that he was never given the certificates or medals for any of his awards and he requests that these awards be sent to him to include the “Vietnam Cross of Gallantry.” At the time of his discharge, he received a bar to reenlistment and now he feels and knows that those things were a result of Post Traumatic Stress Disorder (PTSD). He submits copies of two DD Forms 214 in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 9 October 1968. He completed infantry training and served in Vietnam from 22 March 1969 through 18 March 1970 as a rifleman and ammunition bearer. He reenlisted on 8 October 1970, completed an overseas tour in Germany, and was honorably discharged on 7 April 1977.

5. The applicant’s personnel records contain two DD Forms 214. His first discharge document shows he served on active duty from 9 October 1968 through 7 October 1970, dates inclusive. Item 22b (Total Active Service) of this discharge document shows he completed 2 years, 0 months, and 0 days total active service.

6. The applicant’s second DD Form 214 shows he served on active duty from 8 October 1970 through 7 April 1977. Item 18a (Net Active Service This Period) shows he completed 06 years, 06 months and 00 days active service this period. This discharge document also shows he completed 08 years, 06 months and 00 days total active service in item 18c (Total Active Service).

7. The applicant’s discharge documents do not show entitlement to award of the Air Medal, the Bronze Star Medal, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

9. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal.

10. 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 that, at the time of the applicant’s assignment to the 3rd Battalion, 7th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on the same general order.

11. The Board noted that the applicant is entitled to award of the Good Conduct Medal and the Vietnam Service Medal with three bronze service stars which are not shown on either of his DD Forms 214.

12. 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 show he received conduct and efficiency ratings of “excellent” during the period 9 October 1968 through 9 October 1971.

13. The applicant’s discharge documents show the Vietnam Service Medal as an authorized award. His DA Form 20 shows he received credit for participation in the Tet 69 Counteroffensive Campaign, the Vietnam Summer-Fall 1969 Campaign, and the Vietnam Winter-Spring 1970 Campaign during his tour in Vietnam.

14. Army Regulation 600-8-22 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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.

16. 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.

17. 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.

CONCLUSIONS:

1. The applicant’s DD Form 214 (with an effective date of 7 October 1970) shows he completed 02 years, 00 months and 00 days total active service. However, calculations show he completed 01 year, 11 months and 29 days. Therefore, his DD Form 214 (with an effective date of 7 October 1970) will be amended to show the following entries:

Item 22a(1) (Net Service This Period)    01 year 11 months 29 days
         Item 22a(3) (Total)                                 01 year 11 months 29 days
         Item 22b (Total Active Service)           01 year 11 months 29 days

2. The applicant’s DD Form 214 (with an effective date of 7 April 1977) shows he completed 06 years, 06 months, and 00 days. Based on the corrections in paragraph 1, above, the applicant is entitled to correction of his DD Form 214 (with an effective date of 7 April 1977) to show the following entries:

         Item 18b (Prior Active Service)           01 year 11 months 29 days
         Item 18c (Total Active Service)           08 years 05 months 29 days
         Item 18e (Total Service for Pay)                  08 years 05 months 29 days

3. The Board considered the applicant’s contention that he is entitled to award of the Air Medal based on his 52 flights into “hot LZ’s.” However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, there is no basis for granting him award of the Air Medal.

4. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding the Bronze Star Medal in this case.

5. While the applicant was assigned to the 3rd Battalion of the 7th Infantry in Vietnam, the unit was cited for 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. Therefore, his records will be amended to show these foreign unit awards.

6. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 9 October 1968 through 8 October 1971. Therefore, he is entitled to correction of his DD Form 214 (with an effective date of 7 April 1977) to show award of the Good Conduct Medal.

7. Evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his records to show these awards.

8. 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:

a. by amending the DD Form 214 (with an effective date of 7 October 1970) of the individual concerned to show the entries:

Item 22a(1) (Net Service This Period)    01 year 11 months 29 days
         Item 22a(3) (Total)                                 01 year 11 months 29 days
         Item 22b (Total Active Service)           01 year 11 months 29 days;

         b. by amending his DD Form 214 (with an effective date of 7 April 1977) to show the entries:

Item 18b (Prior Active Service)           01 year 11 months 29 days
Item 18c (Total Active Service)           08 years 05 months 29 days
Item 18e (Total Service for Pay)                  08 years 05 months 29 days;

         c. by deleting the Vietnam Service Medal from his DD Forms 214 (with an effective date of 7 October 1970 and 7 April 1977);

         d. by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (with an effective date of 7 October 1970) to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars; and

e. by amending item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (with an effective date of 7 April 1977) to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:

GDP_____ REB____ DSJ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  George D. Paxson______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065250
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020326
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0018
3.	107.0014
4.	107.0094
5.
6.