PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002072806


         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. Margaret K. Patterson		Chairperson
Mr. Christopher J. Prosser		Member
Mr. Harry B. Oberg		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Purple Heart, the Army Commendation Medal, the Bronze Star Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, and two or three awards of the Air Medal.

3. The applicant states, in effect, that these awards were left off of his discharge document upon his departure from Vietnam and Fort Hood, Texas. He also contends that he participated in 70 to 90 air assaults in Vietnam and is entitled to two or three awards of the Air Medal. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted on 20 May 1970. He served as a light weapons infantryman in Vietnam from 19 October 1970 through 20 March 1971. The applicant was honorably discharged on 4 May 1972 by reason of permanent physical disability.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Purple Heart, the Bronze Star Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or any award of the Air Medal as authorized awards.

6. The applicant’s DD Form 214 does show the Army Commendation Medal and the Vietnam Campaign Medal as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.

7. 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.

8. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His DA Form 20 (Enlisted Qualification Record) shows that he participated in three campaigns during his assignment in Vietnam.

9. There are no orders for the Purple Heart in the applicant’s service personnel records. However, a Medical Evaluation Board, dated 9 February 1972, indicates that in February 1971, while in a fire fight in Vietnam, the applicant fell down a big hill and sustained a dislocation of the left shoulder.

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal in item 41 (Awards and Decorations).

11. 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, Company C, 5th Battalion, 7th Cavalry, was not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned to it.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also 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 42, dated 1972.

13. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for an award of the Air Medal.

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

15. 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

17. 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.

18. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

20. 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.

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. Nothing created an entitlement to the award.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 20 May 1970 to 4 May 1972 ending with termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2. 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.

3. Medical evidence of record shows the applicant injured his left shoulder during a firefight in Vietnam in February 1971. Therefore, the Board determined that this medical evidence is sufficient as a basis for award of the Purple Heart in this case.

4. The Board considered the applicant’s contention that he is entitled to the Bronze Star Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

5. The Board also considered the applicant’s contention that he is entitled to the Meritorious Unit Commendation and the Presidential Unit Citation. However, evidence of record shows the applicant’s unit was not cited for the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Meritorious Unit Commendation or the Presidential Unit Citation in this case.

6. Evidence of record shows the applicant’s unit received 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 DD Form 214 to show this unit citation.

7. The Board considered the applicant’s contention that he participated in 70 to 90 air assaults in Vietnam and is entitled to two or three awards of the Air Medal. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for or was awarded the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base any award of the Air Medal in this case.

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 Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Purple Heart 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:

MKP___ CJP_____ HBO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072806
SUFFIX
RECON
DATE BOARDED	20020829
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.