PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 August 2002
         DOCKET NUMBER: AR2002072105


         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
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Ms. Paula Markulis		Member
Mr. Donald P. Hupman		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 24 Air Medals and his military occupational specialty (MOS) as “67N2F.”

3. The applicant states, in effect, that he is entitled to these corrections. In support of his application, he submitted orders for the first award of the Air Medal, a 7 December 1971 recommendation for award of the Air Medal with 23 Oak Leaf Clusters, orders for award of the Bronze Star Medal and 27 December 1972 letter orders awarding him MOS 67N2F.

4. The applicant’s military records show that he was inducted on 10 June 1970 and completed training as an infantryman in military occupational specialty (MOS) 11B. He served in Vietnam from 15 November 1970 to 11 December 1971 as a helicopter door gunner in duty MOS 67A1F. The applicant was honorably separated from active duty on 12 December 1971.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the Air Medal (First Oak Leaf Cluster). There are no orders in the applicant’s service personnel records for any additional awards of the Air Medal. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 41 (Awards and Decorations) for any awards of the Air Medal.

6. The applicant submitted a copy of 101st Airborne Division General Orders Number 4056, dated 9 May 1971, which awarded the applicant the first award of the Air Medal for the period 5 December 1970 to 29 December 1970.

7. The applicant provided a copy of a USARV [U.S. Army, Vietnam] Form 157-R (Recommendation for Decoration for Valor or Merit) which recommended him for award of the Air Medal (1st through 23rd Oak Leaf Cluster). The reverse side of this form lists Oak Leaf Clusters 1 through 23, the missions and hours flown and the period covered for each oak leaf cluster. This form is addressed to the award approval authority for the Air Medal and it is authenticated by the captain in command of the aviation company to which the applicant was assigned and by the battalion executive officer acting for the battalion commander.

8. The applicant’s DD Form 214 shows in item 23a (Special Number & Title) the entries, “11B40 LT WPNS INF [light weapons infantryman] 29 Oct 71.”

9. The applicant’s records contain orders which show that the applicant was assigned to Vietnam in MOS 11B (light weapons infantryman). The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that, after arrival in Vietnam, he was assigned in duty MOS 67A1F with principal duty as a “Door Gunner” to the 101st Aviation Battalion of the 101st Airborne Division. The DA Form 20 shows that he served in this position from 28 November 1970 through 30 November 1971.
10. The applicant’s records contain a 2 December 1972 letter from the applicant to the U.S. Army Reserve Components Personnel and Administration Center wherein he requests that his records be corrected to show his MOS’s as 67A1F and 67N20. In this letter, the applicant states that he served as a door gunner for four months and as a crew chief for nine and that should qualify him for award of MOS 67A1F (Door Gunner) and “MOS 67N20 (Crew Chief).”

11. Item 22 (Military Occupational Specialties) of the applicant’s DA Form 20 shows that his infantry MOS is lined through and a pencil entry is added showing MOS 67N2F (UH-1 Helicopter Repairman) effective 28 December 1972. Letter Orders, published by the U.S. Army Reserve Components Personnel and Administration Center and dated 27 December 1972, awarded the applicant primary MOS 67N2F and withdrew his infantry MOS, 11B40.

12. The applicant’s DD Form 214 shows award of the Bronze Star Medal with Oak Leaf Cluster. The applicant provided a copy of 101st Airborne Division General Orders Number 11524, dated 29 November 1971, which awarded him the Bronze Star Medal for meritorious service for the period January 1971 to January 1972. There is no evidence of any other orders authorizing the applicant additional awards of the Bronze Star Medal.

13. Review of the applicant’s records shows that he was eligible for award of the Good Conduct Medal, three bronze service stars to be worn on his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These awards are not shown on his DD Form 214.

14. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

15. Review of appendix B of Army Regulation 600-8-22 (Military Awards) reveals that the applicant participated in three campaigns during his service in Vietnam.

16. 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 101st Aviation Battalion, the unit was cited for award of the Valorous Unit Award for actions during the period 3 to 20 March 1971 by Department of the Army General Orders Number 5, dated 1973.

17. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 101st Aviation Battalion, 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 6, dated 1974.

18. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 101st Aviation Battalion, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.

19. 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.

20. Army Regulation 600-8-22 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.

21. 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 and did not create an entitlement to the award.

22. Army Regulation 600-8-22 requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration. Specifically, regulation provides that, if there is evidence that a recommendation was made and supported by evidence and no award was made because the recommendation was lost or through inadvertence not acted upon, the Secretary of the Army may award any appropriate military decoration.
23. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military service, will be entered in item 23a (Specialty Number & Title).

24. 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.

25. Army Regulation 600-8-22 provides, in pertinent part, that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

26. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

27. 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.

28. 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 Board considered the applicant’s request for additional awards of the Air Medal. Upon review of the evidence, it is clear that a recommendation was submitted through proper channels for award of additional Air Medals to the applicant for sustained operations during the period 5 December 1970 to 27 November 1971. However, it appears that this recommendation was never acted upon or was lost.

2. The Board reviewed the governing regulations for award of the Air Medal for sustained operations and determined that the applicant was entitled to the first award of the Air Medal authorized by 101st Airborne Division General Orders Number 4056, dated 9 May 1971, for the period 5 December 1970 through 29 December 1970 and was entitled to 22 additional awards of the Air Medal for the period 30 December 1970 through 27 November 1971.

3. In view of the foregoing, the applicant is entitled to award of the Air Medal with Numerals “23” and to correction of his records to show award of the Air Medal with Numerals “23.”

4. Records show that the applicant was awarded an infantry MOS, 11B, upon completion of advanced individual training. Records also show that in Vietnam the applicant’s duty MOS was 67A1F (Door Gunner); however, there is no evidence that he served in MOS 67N20 in Vietnam. The Board further noted that the applicant was awarded MOS 67N2F effective 27 December 1972 which occurred after the applicant’s separation from active duty. As a result, there is no basis to correct the applicant’s DD Form 214 or records pertaining to his active duty service from 10 June 1970 through 12 December 1971 to show his MOS as 67N2F.

5. Evidence of record shows the applicant received one award of the Bronze Star Medal based on 101st Airborne Division General Orders Number 11524, dated 29 November 1971. In the absence of orders authorizing a second award of the Bronze Star Medal, the Board notes that the entry on his DD Form 214 showing award of the Bronze Star Medal with Oak Leaf Cluster is in error. However, the Board is not directing corrective action at this time.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 10 June 1970 through 12 December 1971 based on completion of a period of qualifying service ending with termination of Federal military service. Therefore, he is entitled to correction of his records to show this award.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. 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.

8. Orders show the applicant was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these unit awards.

9. 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 by showing the individual concerned was awarded the Air Medal with Numerals “23,” the first award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

__LLS___ __PM___ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Luther L. Santiful__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072105
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020806
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.