PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002072246


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Melinda M. Darby		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Roger W. Able		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 Transfer or Discharge) to show award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal with “V” Device and the First through Ninth Oak Leaf Clusters (correctly known as the Air Medal with Numeral “10” with “V” Device) and the Purple Heart.

3. The applicant states, in effect, that upon reviewing his DD Form 214 he noticed several discrepancies in the awards section. He contends that his DD Form 214 should reflect the above mentioned service medals. He also contends that he does not recall being awarded three bronze service stars. In support of his application, he submits an attachment, dated 7 April 2002.

4. The applicant’s military records show that he enlisted on 15 August 1966 for a period of 3 years. He served as a radio relay and carrier operator in Vietnam and was honorably released on 14 August 1969.

5. The applicant’s DD Form 214 shows entitlement to the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars (bronze service stars awarded for participation in three campaigns during assignment in Vietnam) and the Vietnam Campaign Medal. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

6. The applicant’s DD Form 214 does not show the Air Medal with Numeral “10” with “V” Device or the Purple Heart as authorized awards. His DD Form 214 does show one award of the Air Medal.

7. 1st Aviation Brigade General Orders Number 810, dated 19 February 1968, show the applicant was awarded the basic Air Medal for meritorious achievement while participating in aerial flight during the period 15 December 1967 to
21 December 1967 in Vietnam.

8. 1st Aviation Brigade General Orders Number 2314, dated 19 April 1968, show the applicant was awarded the Air Medal with “V” Device for heroism while engaged in aerial flight on 3 February 1968 in Vietnam.

9. There is no evidence in the applicant’s service personnel records that he was awarded any subsequent awards of the Air Medal.

10. Headquarters 24th Evacuation Hospital General Orders Number 35, dated 19 February 1968, show the applicant was awarded the Purple Heart for wounds received in action on 18 February 1968 in Vietnam.



11. 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 do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

12. 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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 15 August 1967 to 31 August 1968 by Department of the Army General Orders Number 37, dated 1970. This award is not shown on his discharge document.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his discharge document.

14. Army Regulation 600-8-22 (Military Awards) 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. 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.

15. 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.

CONCLUSIONS:

1. The applicant’s DD Form 214 shows one award of the Air Medal.

2. Although the applicant contends that he is entitled to the Air Medal with Numeral “10” with “V” Device, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

3. General orders confirm the applicant received two awards of the Air Medal, one of which was for valor. In the absence of orders or other evidence which shows the applicant received subsequent awards of the Air Medal, there is no basis for granting the applicant’s request to correct his DD Form 214 to show award of the Air Medal with Numeral “10” with “V” Device. However, the applicant is entitled to correction of his DD Form 214 to show award of the Air Medal with Numeral “2” with “V” Device.

4. The applicant’s contention that he is entitled to award of the Purple Heart is valid. General orders confirm that the applicant received the Purple Heart for wounds received in action on 18 February 1968 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

5. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three year from 15 August 1966 to 14 August 1969. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

6. The applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show award of the Meritorious Unit Commendation.

7. The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show this foreign unit award.

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 by showing that the individual concerned was awarded the Air Medal with Numeral “2” and with “V” Device, the Purple Heart, the Good Conduct Medal, the Meritorious Unit Commendation 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:

MMD___ CLG____ RWA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melinda M. Darby_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072246
SUFFIX
RECON
DATE BOARDED	20020820
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.