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Decision Text

ARMY | BCMR | CY2002 | 2002073833C070403
Original file (2002073833C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002073833


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Arthur A. Omartian Member
Mr. Thomas Lanyi 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation, the Air Medal, the Good Conduct Medal, and the Aircraft Crew Member Badge.

3. The applicant submitted four applications. He states, in effect, that these awards are not shown on his DD Form 214. In support of his applications, he submits a copy of his DD Form 214; a supplemental letter; a letter from the Special Operations Command; a memorandum from the U.S. Total Army Personnel Command (PERSCOM); a certificate for award of the Presidential Unit Citation; orders for non-aviator flight status; a fax message; citation for award of the Presidential Unit Citation; a listing of helicopter units that flew for the Studies and Observations Group; orders awarding the Air Medal; and a DA Form 1577 (Authorization for Issuance of Awards).

4. The applicant’s military records show that he enlisted in the Regular Army on 21 February 1967 for a period of three years. He successfully completed basic and advanced individual training and served in Vietnam from 8 September 1967 through 4 September 1968 as a helicopter mechanic. The applicant was honorably released from active duty on 27 January 1970 in the rank of sergeant.

5. The applicant's DD Form 214 does not show the Presidential Unit Citation, the Air Medal, the Good Conduct Medal or the Aircraft Crew Member Badge as authorized awards.

6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 195th Assault Helicopter Company during his tour in Vietnam.

7. The applicant provided a copy of a memorandum from PERSCOM to the National Personnel Records Center in St. Louis, Missouri announcing award of the Presidential Unit Citation. This memorandum stated that the Presidential Unit Citation was awarded to the Studies and Observations Group, United States Military Assistance Command, Vietnam (SOG-MACV) on 22 August 2000 for extraordinary heroism in action against the enemy in Vietnam. The award certificate indicates that the Presidential Unit Citation was awarded for actions during the period 24 January 1964 to 30 April 1972.

8. The applicant also provided a copy of a listing of the United States Helicopter units that flew for SOG. This listing shows that the 195th Assault Helicopter Company provided support for SOG-MACV.

9. Headquarters, 1st Aviation Brigade General Orders Number 5953, dated 29 August 1968, awarded the applicant the basic Air Medal for meritorious achievement during the period 14 May 1968 to 3 June 1968.

10. The applicant submitted a copy of a DA Form 1577, dated 30 April 1981, which shows he was issued the first award of the Good Conduct Medal. There is no evidence that his discharge document was amended to show the Good Conduct Medal. His records show that his conduct and efficiency ratings were "excellent" throughout his service.

11. The applicant's DA Form 20 shows he completed advanced individual training in military occupational specialty (MOS) 67N (helicopter repairman).

12. The applicant provided a copy of Headquarters, 1st Aviation Brigade Special Orders Number 162, dated 12 June 1968. These orders show he participated in an aerial flight on 10 May 1968 in MOS 67N as a non-aviator-crewmember crew chief with the 195th Assault Helicopter Company in Vietnam.

13. The Board noted that the applicant was entitled to the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

14. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive Phase III Campaign in item 39 (Campaigns).

15. Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign during the Vietnam War.

16. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

17. 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.

18. 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.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

20. 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.

CONCLUSIONS:

1. The Board carefully reviewed the documents submitted by the applicant in support of his claim for award of the Presidential Unit Citation. As a result, the Board determined that the applicant's unit, the 195th Assault Helicopter Company, provided support for the SOG-MACV during the period this unit was awarded the Presidential Unit Citation. Therefore, the applicant is entitled to award of the Presidential Unit Citation and correction of his DD Form 214 to show this award.

2. Orders show the applicant was awarded the Air Medal for meritorious achievement during the period 14 May 1968 to 3 June 1968; therefore, his DD Form 214 will be amended to show the Air Medal.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 21 February 1967 to 27 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show the Good Conduct Medal.

4. Evidence of record shows the applicant completed training in MOS 67N and served in Vietnam as a helicopter mechanic. Therefore, he is entitled to award of the Aircraft Crew Member Badge and correction of his records to show this award.

5. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.
6. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by deleting the Vietnam Service Medal from the individual concerned DD Form 214; and

         b. by showing he was awarded the Presidential Unit Citation, the Air Medal, the Good Conduct Medal, the Aircraft Crew Member Badge, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

INW____ AAO_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Irene N. Wheelwright__
                  CHAIRPERSON




INDEX

CASE ID AR2002073833
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020827
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
2.
3.
4.
5.
6.


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