PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 August 2002
         DOCKET NUMBER: AR2001065879


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Lester Echols		Member
Ms. Margaret V. Thompson		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 records to show award of the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM), the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), and all Air Medals (AM) to which he is entitled.

3. The applicant states he was not awarded the correct number of decorations upon leaving Vietnam. He submits in support of his request a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he served as a Warrant Officer in the US Army Reserve (USAR) from 24 February 1969 until he was honorably separated on 1 March 1971 and assigned to the USAR Control Group (Reinforcement), St Louis, Missouri. He served as an Army aviator in military occupational specialty (MOS) 100B (Helicopter Pilot). He served in Vietnam from 21 March 1969 to 11 March 1970 with the 92^nd Aviation Company (Assault Helicopter), 11^th Aviation Battalion. The highest rank that he attained was Chief Warrant Officer Two (CW2).

5. The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Basic Army Aviator Badge, the AM (1st through 30th awards), 2 Overseas Service Bars, the Expert Marksmanship Badge (Rifle M-14 and Rifle M-16), and the Marksman Marksmanship Badge (Pistol .45 Caliber). There is no evidence that he was ever recommended for, or awarded, the BSM or the ARCOM. Neither is there is any evidence to indicate that his unit was ever awarded the PUC or the MUC during his tenure with the unit.

6. The applicant's DA Forms 759 (Individual Flight Record and Flight Certificate) shows that he completed 1,341 flight hours of combat operations in Vietnam during the period 21 March 1969 to 9 March 1970 when his combat flight records were closed.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The regulation also provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or meritorious service. Again, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. U.S. Army Vietnam (USARV) Regulation 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, guidelines for award of the AM. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. 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.

9. Army Regulations provide that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. The numeral 2 denotes the second award of the AM.

10. Department of the Army Pamphlet 672-3 also 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 RVN Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 by Department of the Army General Orders Number 6, dated 1974, and the RVN Gallantry Cross with Gold Star Unit Citation for the period January-December 1970 by Department of the Army General Orders Number 5, dated 1973.

11. Army Regulation 600-8-22 provides, in pertinent part, that the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. This regulation also states that effective 1 March 1961 the MUC was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations. There is no evidence that the applicant's unit was cited for either of these awards during the time period that he served in Vietnam.

CONCLUSIONS:

1. The available evidence indicates that the applicant flew a total of 1,341 combat flight hours in Vietnam. Based on pertinent regulations, then in effect, there is sufficient evidence available to correct the applicant's records to show award of a total of 53 AM's.

2. There is also sufficient evidence available to correct the applicant's records to show award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Gallantry Cross with Gold Star Unit Citation.

3. There is insufficient evidence available in the records, and the applicant has provided none, to support an award of the BSM or the ARCOM either for service or valor. Additionally, there is no evidence to indicate that his unit was awarded the PUC or the MUC during the applicant's period of assignment with the unit.

4. In view of the foregoing, the applicant's records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show the following awards:

a. the AM with numeral "53;"

b. the RVN Gallantry Cross with Palm Unit Citation; and

c. the RVN Gallantry Cross with Gold Star Unit Citation.

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

BOARD VOTE:

__rjw___ __le____ __mvt___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065879
SUFFIX
RECON
DATE BOARDED	20020808
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19710301
DISCHARGE AUTHORITY	AR635-100
DISCHARGE REASON	A07.00
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0031
3.	107.0034
4.	144.0700
5.
6.