PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 November 2002
         DOCKET NUMBER: AR2002075251


         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:

Mr. John N. Slone		Chairperson
Ms. Sherri V. Ward		Member
Mr. Melvin H. Meyer		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 correction of his records to show eight awards of the Air Medal to include one award of the Air Medal for valor (correctly known as the Air Medal with "V" Device), the Army Commendation Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. The applicant states that he was awarded these medals while on active duty but he received them after he was discharged. In support of his application, he submitted an addendum to his application; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a memorandum from the Total Army Personnel Command (PERSCOM); a fax message; a citation for award of the Presidential Unit Citation; a listing of helicopter units that flew for the Studies and Observations Group; his flight records covering the period April 1969 through October 1969; two letters from the Office of Adjutant General; three award certificates for the first through eighth award of the Air Medal; an award certificate for the Army Commendation Medal; an award certificate for award of the Presidential Unit Citation; and a citation for award of the Presidential Unit Citation.

4. The applicant’s military records show that he enlisted in the Army on 10 November 1966 for a period of three years. He successfully completed basic and advanced individual training and served in Vietnam from 7 May 1967 through 6 May 1968 as a helicopter repairman. He served in Vietnam again from 9 January 1969 through 29 October 1969 as a helicopter mechanic and a crew chief. The applicant was honorably released from active duty on 5 November 1969 in the rank of specialist five.

5. The applicant's DD Form 214 does not show eight awards of the Air Medal or the Air Medal with "V" Device, the Army Commendation Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards.

6. The applicant's personnel records contain four DA Forms 759-1 (Individual Flight Record and Flight Certificate – Part II) which show he completed 247 flight hours of combat time from April 1969 through October 1969.

7. The applicant provided a copy of an award certificate, dated 13 September 1969. This certificate shows he was awarded the basic Air Medal for meritorious achievement while participating in aerial flight during the period 15 April 1969 to 15 May 1969.

8. The applicant provided another copy of an award certificate, dated 9 November 1969. This certificate awarded him the Air Medal (First Oak Leaf Cluster through Sixth Oak Leaf Cluster) for the period 2 May 1969 to 18 October 1969.

9. The applicant also provided a copy of an award certificate, dated 14 May 1973, which shows he was awarded the Air Medal for heroism (Air Medal with "V" Device) while participating in aerial flight on 20 October 1969.

10. The applicant provided a copy of an award certificate, dated 29 September 1969, which shows he was awarded the Army Commendation Medal for meritorious service during the period November 1968 to November 1969.

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

12. The applicant provided a copy of a memorandum, dated 12 October 2000, 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.

13. 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.

14. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Company E, 701st Maintenance Battalion, 1st Infantry Division during his first tour in Vietnam.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment to the 701st Maintenance Battalion, 1st Infantry Division, the unit 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.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 701st Maintenance Battalion, 1st Infantry Division, the unit 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.

17. The Board noted that the applicant is eligible for award of the Good Conduct Medal, the Meritorious Unit Commendation, the Aircraft Crew Member Badge, and the Vietnam Service Medal with one silver service star and two bronze service stars which are not shown on his discharge document.

18. 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.

19. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 701st Maintenance Battalion, 1st Infantry Division, the unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1967 to 31 May 1968 by Headquarters Department of the Army General Orders Number 73, dated 1968.

20. The applicant's DA Form 20 shows he was awarded military occupational specialty (MOS) 67N (Crew Chief) in July 1969. His records contain Headquarters, 1st Aviation Brigade Special Orders Number 161, dated 12 June 1969, which show he participated in an aerial flight on 30 April 1969 in MOS 67N as a non-aviator-crewmember crew chief.

21. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) 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 seven campaigns of the Vietnam War.

22. 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. Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

23. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

24. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

25. 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.

26. 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.

27. 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. A silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. The Board reviewed the award certificates submitted by the applicant in support of his claim for awards of the Air Medal. The Board noted that he was awarded the basic Air Medal, the Air Medal (First Oak Leaf Cluster through Sixth Oak Leaf Cluster), and the Air Medal with "V" Device, which is a total of eight awards of the Air Medal.

2. In the absence of orders awarding the Air Medal in this case, the Board determined that the award certificates are sufficient as a basis for awarding eight awards of the Air Medal. Therefore, the applicant's DD Form 214 will be amended to show award of the Air Medal with Numeral "8" and with "V" Device.

3. There are no orders available to the Board which show the Army Commendation Medal was awarded to the applicant. However, the applicant provided an award certificate which shows he was awarded the Army Commendation Medal for meritorious service from November 1968 to November 1969. Upon review of this certificate, the Board determined that this evidence is sufficient as a basis for correcting the applicant's records to show award of the Army Commendation Medal.

4. 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 unit award.

5. Orders show the applicant was awarded 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.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 10 November 1966 to 5 November 1969 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.

7. While the applicant was assigned to the 701st Maintenance Battalion, 1st Infantry Division, this unit was cited for award of the Meritorious Unit Commendation. Therefore, his records will be corrected to show the Meritorious Unit Commendation.

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

9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. However, evidence of record shows the applicant participated in seven campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star and two 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 one silver service star and two bronze service stars and correction of his DD Form 214 to show these awards.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 DD Form 214 of the individual concerned;

b. by showing he was awarded the Air Medal with Numeral "8" and with "V" Device, the Army Commendation Medal, 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 Good Conduct Medal, the Meritorious Unit Commendation, the Aircraft Crew Member Badge, and the Vietnam Service Medal with one silver service star and two bronze service stars.

BOARD VOTE:

JNS____ MHM____ SVW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075251
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021119
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.