MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002073274

         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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)

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APPLICANT REQUESTS: Correction of his records to show a personal award of the Republic of Vietnam Gallantry Cross with Palm, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Distinguished Flying Cross in lieu of the Air Medal with "V" Device.

APPLICANT STATES: That he served as a crew chief and door gunner in Vietnam and was awarded an individual award of the Republic of Vietnam Gallantry Cross with Palm as well as the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He states that he was issued orders for this award in 1966 but he had lost these orders over the years. He claims that he is not sure for what actions he was awarded the individual award of the Republic of Vietnam Gallantry Cross with Palm and described three events, which occurred in Vietnam between May and August 1966. He also claims that he was awarded the individual award of the Republic of Vietnam Gallantry Cross with Palm between late August and early September 1966. He further states that his company commander told him that he would be recommended for award of the Silver Star. He later learned from his company commander that the Department of the Army had downgraded the Silver Star to the Distinguished Flying Cross. He states that the brigade commander downgraded the Distinguished Flying Cross to the Air Medal with "V" Device and he thought that the highest authority could only downgrade the ribbon, which would have been the Department of the Army. He submits two discharge documents in support of his application.

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

He was inducted in the Army on 2 February 1965 and successfully completed basic and advanced individual training. He served in Vietnam from 12 June 1965 through 4 May 1966 and was honorably released from active duty on 1 February 1967. He enlisted in the Regular Army on 24 January 1973 and continued to serve on active duty through a series of reenlistments. The applicant was retired on 25 May 1990 by reason of physical disability.

The applicant's personnel records contain three discharge documents. His DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 25 May 1990, shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award. This discharge document does not show entitlement to a personal award of the Republic of Vietnam Gallantry Cross with Palm.

There is no evidence available to the Board which shows the applicant was authorized to accept or to wear a personal award of the Republic of Vietnam Gallantry Cross with Palm. The applicant did not provide a copy of orders or an award certificate in support of his claim for this foreign award.

The applicant's discharge document, with an effective date of 29 November 1976, shows the Air Medal (First Oak Leaf Cluster) with "V" Device as an authorized award.

His DD Form 214, with a separation date of 25 May 1990, does not show award of the Air Medal (First Oak Leaf Cluster) with "V" Device in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). This omission will be administratively corrected.

The applicant's personnel records contain Headquarters U.S. Army Vietnam General Orders Number 3580, dated 9 June 1966, which awarded him the Air Medal for meritorious achievement during the period 27 January 1966 through 1 April 1966.

His records also contain Headquarters U.S. Army Vietnam General Orders Number 4454, dated 5 July 1966, which awarded him the Air Medal (First Oak Leaf Cluster) with "V" Device for actions on 7 April 1966 in the Republic of Vietnam.

The applicant's discharge documents do not show entitlement to award of the Distinguished Flying Cross. There are no orders in the applicant's personnel records which show he was awarded the Distinguished Flying Cross, and there is no evidence that he was recommended for award of the Distinguished Flying Cross. His DA Form 2-1 (Personnel Qualification Record) does not show any entry in item 9 (Awards, Decorations and Campaigns) for award of the Distinguished Flying Cross. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the Distinguished Flying Cross. The regulation states that the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.

U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

United States Army Vietnam Regulation 672-1 shows that approval for award of the Distinguished Flying Cross in this case under review was the Deputy Commanding General of U.S. Army Vietnam.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request for a personal award of the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. The applicant's DD Form 214, with a separation date of 25 May 1990, shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award. However, there is no evidence of record which shows the applicant was authorized to accept or to wear the Republic of Vietnam Gallantry Cross with Palm. Therefore, there is no basis for correcting his records to show a personal award of the Republic of Vietnam Gallantry Cross with Palm.

3. The Board also considered the applicant's request for award of the Distinguished Flying Cross in lieu of the Air Medal with "V" Device.

4. Orders show the applicant was awarded the Air Medal with "V" Device for his actions on 7 April 1966.

5. There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Distinguished Flying Cross.

6. The General Orders awarding the applicant the Air Medal with "V" Device are evidence of the award approval authority's decision on the appropriate recognition for the applicant's actions on 7 April 1966. Therefore, the Board has determined that there is no basis to upgrade the applicant's award of the Air Medal with "V" Device to the Distinguished Flying Cross.

7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

8. 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: Request that the Army Review Board Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214, with a separation date of 25 May 1990, that he was awarded the Air Medal (First Oak Leaf Cluster) with "V" Device.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO______ MKP_____ AAO_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002073274
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021001
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0000
2.
3.
4.
5.
6.