PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002075714


         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
Mr. Thomas B. Redfern		Member
Mr. Donald P. Hupman		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 award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and marksmanship qualification badges for qualification with the grenade, M-14 rifle and the M-16 rifle.

3. The applicant states, in effect, that these awards were omitted from his discharge document. In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he was inducted in the Army on 8 January 1969. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 67N (helicopter repairman). He served in Vietnam from 3 July 1969 through 11 August 1970 and was honorably released from active duty on 11 August 1970.

5. The applicant's DD Form 214 does not show the Presidential Unit Citation, the Meritorious Unit Commendation, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or any marksmanship qualification badges as authorized awards.

6. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Company C, 15th Transportation Battalion, 1st Cavalry Division from 6 July 1969 to 4 August 1969 in Vietnam. His DA Form 20 also shows he was reassigned to Company B of the 15th Transportation Battalion during the period 5 August 1969 to 17 August 1969.

7. The applicant's DA Form 20 shows he was reassigned to Company A of the 229th Aviation Battalion on 18 August 1969 and served with this unit until 31 August 1969. His DA Form 20 shows he was reassigned to the 393rd Transportation Detachment of the 1st Air Cavalry Division during the period 1 September 1969 to 7 August 1970.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This document shows that the 15th Transportation Battalion was cited for award of the Presidential Unit Citation for actions during the period 23 October to 26 November 1965.

9. The Department of the Army Pamphlet 672-3 shows that the 229th Aviation Battalion was cited for award of the Presidential Unit Citation for actions during the period 23 October to 26 November 1965. This pamphlet does not show that the 393rd Transportation Detachment was cited for award of the Presidential Unit Citation.

10. The Department of the Army Pamphlet 672-3 shows that the 15th Transportation Battalion was cited for award of the Meritorious Unit Commendation for actions during the period 1 June 1967 to 31 May 1968.

11. The Department of the Army Pamphlet 672-3 shows that the 229th Aviation Battalion was cited for award of the Meritorious Unit Commendation for actions during the period September 1965 to November 1966. This pamphlet shows that the 393rd Transportation Detachment was also cited for award of the Meritorious Unit Commendation for actions during the period 1 January to 31 December 1967.

12. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal. His DA Form 20 does not list the Army Commendation Medal in item 41 (Awards and Decorations). The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

13. 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.

14. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. 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 four campaigns of the Vietnam War.

15. Department of the Army Pamphlet 672-3 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 54, dated 1974.

16. 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 42, dated 1972.

17. There are no orders in the applicant's personnel records which show he was awarded a marksmanship qualification badge for qualification with grenade.

18. The applicant's personnel records contain Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 45, dated 24 February 1969, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

19. His personnel records also contain Headquarters, U.S. Army Transportation School Special Orders Number 111, dated 5 June 1969, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

20. The Board noted that the applicant is entitled to award of the Aircraft Crew Member Badge which is not shown on his discharge document.

21. The applicant's DA Form 20 shows he completed advanced individual training in MOS 67N.

22. 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.

23. 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.

24. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

25. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Presidential Unit Citation. However, the Department of the Army Pamphlet 672-3 shows that the applicant's units in Vietnam were not cited for award of the Presidential Unit Citation while he was assigned to these units.

2. The Board also considered the applicant's request for award of the Meritorious Unit Commendation. However, the Department of the Army Pamphlet 672-3 shows the applicant's units in Vietnam were not cited for award of the Meritorious Unit Commendation while he was assigned to these units.

3. There is no evidence of record and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is insufficient evidence upon which to base award of the Army Commendation Medal in this case.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 8 January 1969 through 11 August 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 this award.

5. The Board considered the applicant's request for award of the Vietnam Service Medal with two or three bronze service stars.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. 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.

7. 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.

8. There is no evidence of record which show the applicant met the requirements for qualification with grenade. Therefore, there is no basis for awarding the applicant a marksmanship qualification badge with grenade bar.

9. Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, his records will be amended to show these badges.

10. 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.

11. 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 Vietnam Service Medal from the DD Form 214 of the individual concerned; and

         b. by adding award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Aircraft Crew Member Badge to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.

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

BOARD VOTE:

RVO____ TBR____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075714
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021107
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.