PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002068142


         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. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		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 that his records be corrected to show that he was awarded the Air Medal.

3. The applicant states that his name was left off of General Orders Number 700, Headquarters, 1st Cavalry Division, dated 15 February 1967. In support, he provides: a copy of a letter from his former company commander stating that he recommended the applicant for the Air Medal; a copy of General Orders Number 700; and a copy of a DA Form 1577 (Authorization for Issuance of Awards), with addendum.

4. The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 17 November 1965. Trained as an infantryman, he served in Vietnam from 26 March 1966 to 17 March 1967, first with Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division, and then with Company C, 1st Battalion, 5th Cavalry, 1st Cavalry Division, from 15 January 1967 to 17 March 1967. Upon his return from Vietnam, he was separated on 18 July 1967.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards and decorations as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Marksman Marksmanship Badge (Rifle).

6. In reviewing the applicant's records for information pertinent to his request, errors and omissions were noted concerning the awards and decorations listed on his DD Form 214.

         a. The applicant was not awarded the Good Conduct Medal (GCMDL). Army Regulation 600-8-22 (Military Awards) provides that the GCMDL 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.

         b. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969. This award was for the period 9 August 1965 through 19 May 1969.

         c. The applicant served in Vietnam during the following campaigns: Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; Vietnam Counteroffensive, Phase II, 1 July 1966 - 31 May 1967. Army Regulation 600-8-22 (Military Awards), 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.

         d. The applicant served in Vietnam from 26 March 1966 to 17 March 1967. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal (AM) 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 is required. In Vietnam, U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, 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.

CONCLUSIONS:

1. There is insufficient evidence to support an award of the Air Medal. The applicant has provided a copy of a letter from his former company commander in Vietnam indicating that the commander recommended (italics added) him for award of the Air Medal. However, the applicant's name does not appear on the order announcing the award. Quite possibly, the applicant, who had only arrived in the unit on 15 January 1967, did not have sufficient flight time to warrant the award, thus his name was deleted from the published order. Whatever the reason, the Board presumes administrative regularity and the applicant has not presented sufficient evidence to refute that presumption.

2. The applicant should have been awarded a Good Conduct Medal for the period 17 November 1965 through 18 July 1967. He is also entitled to two Bronze Service Stars for his Vietnam Service Medal, two Overseas Service Bars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. 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) correcting Item 24 to show award of the Good Conduct Medal, the Vietnam Service Medal with two Bronze Service Stars, two Overseas Service Bars, 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:

__sac___ __mhm___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068142
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19670718
DISCHARGE AUTHORITY	AR 635-200, chapter 6
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.
3.
4.
5.
6.