PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002075379


         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. Raymond V. O'Connor		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Karen A. Heinz		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.

3. The applicant states that he has three oak leaf clusters on his Air Medal. He states that five oak leaf clusters are listed on the paperwork enclosed with his application and he believes that he should have eight listed. In support of his application, he submits a copy of his DD Form 214 (Armed Forces of he United States Report of Transfer or Discharge), three citations, three orders and an award certificate for the Air Medal (First to Fourth Oak Leaf Cluster).

4. The applicant’s military records show that he enlisted in the Regular Army on 11 September 1967 for a period of three years. He successfully completed basic and advanced individual training and served as an avionic mechanic in Vietnam from 9 July 1968 through 18 April 1970. The applicant was honorably released from active duty on 18 April 1970.

5. The applicant's DD Form 214 shows one award of the Air Medal as an authorized award.

6. Headquarters, 173rd Airborne Brigade General Orders Number 1335, dated 26 May 1969, awarded the applicant the basic Air Medal.

7. The applicant provided a copy of Headquarters, 173rd Airborne Brigade General Orders Number 1874, dated 25 July 1969. These orders awarded him the Air Medal (First Oak Leaf Cluster through Fourth Oak Leaf Cluster) covering the period 25 April 1969 to 2 June 1969.

8. The applicant also provided a copy of Headquarters, 173rd Airborne Brigade General Orders Number 2598, dated 3 November 1969, which awarded him the Air Medal (Fifth Oak Leaf Cluster), a total of six awards of the Air Medal.

9. There are no orders which show the applicant was awarded the seventh or eighth award of the Air Medal.

10. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated August 13, 2001. This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that applicant was entitled to the Defense Distinguished Service Medal.

11. A review of the applicant's personnel records revealed that he is entitled to the Army Commendation Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.
12. The applicant was awarded the Army Commendation Medal based on Headquarters, 173rd Airborne Brigade General Orders Number 1339, dated 27 May 1969 for meritorious achievement during the period 1 December 1968 to 1 May 1969.

13. 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 five campaigns of the Vietnam War.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

15. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

16. 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. 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.

17. The Department of Defense Manual of Military Awards, in pertinent part, governs award of the Defense Distinguished Service Medal (DDSM). This manual states that the DDSM shall only be awarded to officers of the Armed Forces of the United States whose exceptional performance of duty and contributions to national security or defense have been at the highest levels. The manual also states that examples of positions for which award of the DDSM might be considered are the Chairman of the Joint Chiefs of Staff, the Chiefs and Vice Chiefs of the Military Services and the Commanders in Chief of the Unified Combatant Commands. As with all personnel decorations, recommendations through the chain of command and orders authorizing the award are required.

18. 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. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. The Board considered the applicant's request for eight awards of the Air Medal.

2. The applicant's DD Form 214 shows the basic Air Medal as an authorized award.

3. Orders submitted by the applicant show he was awarded five additional awards of the Air Medal. There is no evidence of record, and the applicant has provided no evidence which shows he was awarded eight awards of the Air Medal. Therefore, there is no basis for correcting his records to show eight awards of the Air Medal.

4. Based on the foregoing, the applicant is entitled to correction of his records to show a total of six awards of the Air Medal, correctly known as the Air Medal with Numeral "6".

5. There is no evidence, and the applicant has provided no evidence, which shows that he was eligible for, recommended for or entitled to award of the Defense Distinguished Service Medal. The applicant was not an officer and did not serve in positions of responsibility required for award of the Defense Distinguished Service Medal. Therefore, the DA Form 1577 (Authorization for Issuance of Awards) issued by the Chief of the Army Reference Branch of the National Personnel Records Center on August 13, 2001 should be amended to delete the applicant's entitlement to issuance of the Defense Distinguished Service Medal.

6. Orders show the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 1 December 1968 to 1 May 1969. Therefore, his DD Form 214 will be amended to show the Army Commendation Medal.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star (in lieu of five 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 correction of his DD Form 214 to show these awards.

8. 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.

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:

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

b. by showing he was awarded the Air Medal with Numeral "6", the Army Commendation Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

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

BOARD VOTE:

RVO_____ BJE____ KAH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075379
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021024
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.	107.0018
2.
3.
4.
5.
6.