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ARMY | BCMR | CY2002 | 2002072307C070403
Original file (2002072307C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002072307

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his Combat Infantryman Badge (CIB) and Air Medal (AM) for Valor be added to his separation document.

APPLICANT STATES: These awards were inadvertently omitted from his separation document.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted and entered on active duty on 3 February 1967. He was awarded the military occupational specialty (MOS) of light weapons infantryman, and was promoted to pay grade E-4. He served in Vietnam from 1 February 1968 to 31 January 1969 as an infantryman, a team leader, and a gunner while assigned to Troop C, 7th Squadron, 1st Air Cavalry Division.

He was honorably released from active duty on 29 January 1969 due to his having insufficient time remaining on his enlistment to reassign him after the completion of his tour in Vietnam. His separation document shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal (AM), the Army Commendation Medal, and weapons qualification badges.

Special Orders Number 195, Headquarters, United States Army Vietnam, dated 13 July 1968, awarded the applicant the CIB.

General Orders Number 7067, Headquarters, 1st Aviation Brigade, dated 15 October 1968, awarded the applicant the AM for meritorious achievement.

Special Orders Number 13, Headquarters, 7th Squadron, 1st Air Cavalry Division, dated 16 January 1969, awarded the applicant the Aircraft Crewman Badge (Permanent).

Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal are as follows: Tet Counteroffensive, ended on 1 April 1968; Counteroffensive, Phase IV, ended on 30 June 1968; Counteroffensive, Phase V, ended 1 November 1968; and Counteroffensive, Phase VI, ended on 22 February 1969.

Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant was awarded the AM for meritorious achievement, not for heroism. As such, his separation document properly reflects that he was awarded the AM without a "V" device for valor.

2. As for the CIB, the orders awarding the applicant the CIB are contained in his military records. As such, that badge should be added to his separation document. This is also true for the Aircraft Crewman Badge. However, adding these awards is an administrative matter and does not require the authority of the Board.

3. In addition, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn on his Vietnam Service Medal.  However, adding these awards is also an administrative matter and does not require the authority of the Board.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency, St. Louis, Missouri, will be requested to add the CIB, the Aircraft Crewman Badge, four bronze service stars to the applicant's Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's separation document.

BOARD VOTE:

___ ___ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___rjw___ ___kyf___ ___rvo__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002072307
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020924
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY,
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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