PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002069381


         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. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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 DD Form 214 (Report of Separation from Active Duty) to show eight awards of the Air Medal and the Republic of Vietnam Gallantry Cross with Bronze Star.

3. The applicant states that his DD Form 214 only indicates one award of the Air Medal and does not indicate the award of the Vietnam Gallantry Cross with Bronze Star. In support of his application, he submits a copy of his DD Form 214, a Letter of Authorization for Individual Foreign Award, dated 1 October 1972, and a citation for the first through eighth award of the Air Medal.

4. The applicant’s military records show that he enlisted in the Regular Army on 12 March 1971 and successfully completed basic and advanced individual training. He served as a door gunner in Vietnam from 14 September 1971 through 10 August 1972 and was honorably released from active duty on 10 December 1973. He subsequently served in the Army National Guard from 5 January 1974 through 4 January 1975.

5. The applicant's DD Form 214 shows one award of the Air Medal. His discharge document does not show the Republic of Vietnam Gallantry Cross with Bronze Star as an authorized award.

6. Orders show the applicant received the basic Air Medal for the period 25 September 1971 to 11 October 1971.

7. The applicant was awarded the second award of the Air Medal for the period 12 October 1971 to 1 December 1971 by 1st Aviation Brigade General Orders Number 790, dated 14 March 1972.

8. The applicant provided a copy of a citation for the first through eighth awards of the Air Medal for meritorious achievement while participating in sustained aerial flights in Vietnam during the period 10 March 1972 to 30 July 1972.

9. The applicant also provided a copy of a letter authorizing him to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star.

10. A review of the applicant's records revealed that he is entitled to award of the Vietnam Service Medal with three bronze service stars.

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. Item 39 (Campaigns) on his DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Consolidation I and the Consolidation II Campaigns. Table B-1 of Army Regulation 600-8-22 (Military Awards), shows he was also entitled to credit for participation in the Vietnam Cease-Fire Campaign.
12. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. 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. Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

13. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

CONCLUSIONS:

1. The applicant's DD Form 214 shows the basic award of the Air Medal.

2. Orders show the applicant received a second award of the Air Medal for the period 12 October 1971 to 1 December 1971. There is no evidence the applicant's flight duties were terminated after his last award of the Air Medal for the period 12 October 1971 to 1 December 1971.

3. There are no orders available to the Board which authorize the third through eighth award of the Air Medal to the applicant. However, the applicant has provided a citation which shows he was awarded the first through eighth award of the Air Medal for meritorious achievement during the period 10 March 1972 to 30 July 1972. Based on the evidence submitted by the applicant, the Board has determined that, as a matter of equity, he should have received seven additional awards (for a total of eight awards) of the Air Medal for the period 12 October 1971 to 30 July 1972 and correction of his DD Form 214 to show the Air Medal with Numeral "8."

4. Evidence of record shows the applicant was authorized a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star; therefore, his DD Form 214 will be amended to show this award.

5. 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 DD Form 214 to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by deleting the Vietnam Service Medal from item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

         b. by showing he was awarded the Air Medal with Numeral "8", the Republic of Vietnam Gallantry Cross with Bronze Star, and the Vietnam Service Medal with three bronze service stars.

BOARD VOTE:

JNS_____ TL_____ EJA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069381
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020625
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.