PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002073659


         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. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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 Valorous Unit Award, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Purple Heart and the Combat Infantryman Badge.

3. The applicant states that these awards and decorations were left off in Vietnam and Fort Stewart, Georgia . In support of his application, he submits a copy of his DD Form 214; and orders for the Distinguished Flying Cross, the Silver Star and the Air Medal with “V” Device.

4. The applicant’s military records show that he enlisted on 19 April 1971 for a period of 2 years. He served as a helicopter repairman in Vietnam from
3 October 1971 through 3 October 1972 and was honorably released from active duty on 22 November 1972. The applicant’s individual decorations include the Distinguished Flying Cross, the Silver Star, the Air Medal with “V” Device and the Bronze Star Medal.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Purple Heart or the Combat Infantryman Badge as authorized awards.

6. 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.

7. 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,
F Troop, 4th Air Cavalry, was not cited for award of the Valorous Unit Award while he was assigned to it.

8. Department of the Army Pamphlet 672-3 shows the applicant’s unit was not cited for award of the Meritorious Unit Commendation while he was assigned to it.

9. Department of the Army Pamphlet 672-3 shows the applicant’s unit was not cited for award of the Presidential Unit Citation while he was assigned to it.

10. Department of the Army Pamphlet 672-3 shows that the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number
32, dated 1973.

11. Department of the Army Pamphlet 672-3 shows the applicant’s unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

12. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

13. The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

14. There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records. His records show that he was assigned to F Troop, 4th Air Cavalry in military occupational specialty (MOS) 67V (helicopter repairman) during his assignment to Vietnam.

15. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.
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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government for meritorious service.

21. 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.

22. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 19 April 1971 through 22 November 1972 ending with termination of a period of Federal military service. Therefore, the applicant’s records should be corrected to show this medal.

2. Evidence of record shows the applicant’s unit was not cited for award of the Valorous Unit Award, the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned it. Therefore, there is no basis for amending the applicant’s records to show these unit awards.

3. 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 unit citation.

4. Evidence of record shows the applicant’s unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is not entitled to correction of his military records to show this unit citation.

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

6. Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 67V (helicopter repairman) during his assignment in Vietnam.

7. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

8. 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.

9. 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 first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars.



2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JLP____ MHM____ JEA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073659
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.