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Decision Text

ARMY | BCMR | CY2002 | 2002073224C070403
Original file (2002073224C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002073224


         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:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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.


2. The applicant requests award of the Bronze Star Medal and the Air Medal.

3. The applicant states that his platoon sergeant in Vietnam put him in for award of the Bronze Star Medal for participating in every major operation with the 1st Infantry Division. He also contends that his platoon sergeant recommended him for award of the Air Medal.

4. The applicant’s military records show that he entered active duty on 6 May 1965 and completed training as a radio relay carrier attendant. He served in Vietnam from 11 November 1966 to 21 September 1967 and was honorably discharged from active duty on 3 May 1968.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Bronze Star Medal or the Air Medal as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal or the Air Medal. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal or the Air Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for the Bronze Star Medal or the Air Medal. A search of unit records at the National Archives in College Park, Maryland, failed to reveal orders authorizing an award of the Bronze Star Medal or the Air Medal to the applicant.

7. The Board noted that the applicant was eligible for a second award of the Meritorious Unit Commendation; an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and an award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

8. 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 121st Signal Battalion of the 1st Infantry Division, it was cited for award of the Meritorious Unit Commendation for actions during the period June 1966 through May 1967 by Department of the Army General Orders Number 17, dated 1968. This Meritorious Unit Commendation is shown on the applicant's DD Form 214.

9. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 121st Signal Battalion, it was cited for second award of the Meritorious Unit Commendation for actions during the period 1 June 1967 through 31 May 1968 by Department of the Army General Orders Number 1, dated 1969. This award of the Meritorious Unit Commendation is not shown on his DD Form 214.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also lists the foreign unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 121st Signal Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

11. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 121st Signal Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

12. 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.

13. 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.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and awards, among which is the Meritorious Unit Commendation.

CONCLUSIONS:

1. There is no evidence that the applicant was recommended for or awarded the Bronze Star Medal. In the absence of a recommendation for award of the Bronze Star Medal to the applicant, or 1st Infantry Division General Orders awarding him the Bronze Star Medal, there is insufficient basis for this Board to correct the applicant's records to show award of the Bronze Star Medal.

2. There is no evidence that the applicant was recommended for or awarded the Air Medal. In the absence of a recommendation for award of the Air Medal to the applicant, or 1st Infantry Division General Orders awarding him the Air Medal, there is insufficient basis for this Board to correct the applicant's records to show award of the Air Medal.

3. General Orders show the applicant is entitled to two awards of the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show the Meritorious Unit Commendation with First Oak Leaf Cluster.

4. General orders also show that the applicant is entitled to award of 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 foreign unit awards.

4. In view of the foregoing, the applicant’s records should be corrected 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 Meritorious Unit Commendation with First Oak Leaf Cluster, 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:

__MKP__ ___JLP__ __MMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Ms. Margaret K. Patterson_
                  CHAIRPERSON




INDEX

CASE ID AR2002073224
SUFFIX
RECON YYYYMMDD
DATE BOARDED 200301014
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.


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