PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002076718


         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. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Charmane Collins		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 Good Conduct Medal, the second award of the Air Medal based on his participation in 197 hours of combat air assaults, award of the Army Commendation Medal, an award of the Bronze Star Medal for valor, and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states that he served in Vietnam and Korea but he did not receive the Good Conduct Medal. He contends that he was recommended for award of the Army Commendation Medal by his senior advisor but he never received the award. He states that he was also authorized the "Vietnamese Gallantry Cross." He further states that one of his two Bronze Star Medals was for valor because he was with a Vietnamese unit as an advisor for his actions of valor. He contends that his Bronze Star Medal was downgraded to an achievement award for carrying a wounded Vietnamese corporal under fire during monsoons to a waiting helicopter in a hot L.Z. [landing zone]. The applicant submitted a supplemental letter in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 28 August 1968 for a period of three years. He completed basic and advanced individual training and served in Korea from 21 July 1969 through 6 February 1970. He also served in Vietnam from 16 March 1970 through 17 April 1971 and was honorably released from active duty on 18 April 1971. The applicant subsequently served in the Army National Guard and was honorably discharged from Army National Guard and as a Reserve of the Army on 17 November 1975.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Good Conduct Medal as an authorized award.

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. The applicant's service personnel records contain two nonjudicial punishments, one for being absent without leave (AWOL) on 2 January 1969 and one for failing to obey a lawful order twice and for wrongfully appearing without his insignia of grade. His records also contain a summary court-martial for being AWOL from 3 March 1969 to 17 March 1969. His DD Form 214 shows he was released from active duty with a reentry eligibility code of RE-3B.

8. The applicant's DD Form 214 shows entitlement to the basic award of the Air Medal. His records contain Headquarters, United States Military Assistance Command, Vietnam General Orders Number 1184, dated 16 March 1971, which awarded him the basic Air Medal for meritorious achievement in connection with aerial operations against a hostile force from 3 August 1970 to 27 December 1970.

9. There are no orders which show the applicant received the second award of the Air Medal. There is no recommendation for award of a second Air Medal in the applicant's service personnel records. There are no flight records which show his flight hours as a passenger for missions he flew in Vietnam.

10. The applicant’s DD Form 214 does not show the Army Commendation Medal as an authorized award. 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.

11. The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 41 (Awards and Decorations) for award of the Army Commendation Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

12. The applicant's records contain a DD Form 215 (Correction to DD Form 214), dated 16 June 1972, which shows entitlement to the Bronze Star Medal (First Oak Leaf Cluster).

13. Headquarters United States Military Assistance Command, Vietnam General Orders Number 715, dated 10 February 1971, awarded the applicant the Bronze Star Medal for meritorious achievement during the period 15 July 1970 to 15 November 1970. The applicant's citation for award of the Bronze Star Medal indicates that he received this award while serving as a Light Weapons Infantry Advisor with the 3rd Battalion, 15th Regiment, 9th Infantry Division.

14. Headquarters United States Military Assistance Command, Vietnam General Orders Number 1014, dated 2 March 1971, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service during the period April 1970 to March 1971. The applicant's citation for the second award of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) indicates that he received this award while serving as a Clerk Typist with Advisory Team 60, and later as a Heavy Weapons Infantry Advisor with the 3rd Battalion, 15th Regiment, 9th Infantry Division.

15. 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 8, dated 1974.

16. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, it does not show the bronze service stars to which applicant is entitled for campaign participation.

17. 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 three campaigns of the Vietnam War.

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 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.

20. 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.

21. 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.

22. 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. There are no orders awarding the applicant the Good Conduct Medal. Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows two nonjudicial punishments, a summary court-martial and a restriction on his reenlistment eligibility which are disqualifying factors for award of the Good Conduct Medal.

2. In view of the applicant’s acts of indiscipline and reenlistment eligibility limitations, the Board has determined that the applicant is not eligible for award of the Good Conduct Medal. Therefore, there is no basis for correcting his records to show award of the Good Conduct Medal.

3. The Board considered the applicant's request for a second award of the Air Medal.

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

5. There is no evidence of record, and the applicant has provided no evidence which shows he was recommended for or awarded a second award of the Air Medal. Therefore, there is no basis for awarding him a second award of the Air Medal.

6. The Board considered the applicant's contention that he was recommended for award of the Army Commendation Medal.

7. 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 no basis for awarding the Army Commendation Medal in this case.

8. The Board also considered the applicant's contention that one of his two awards of the Bronze Star Medal should be for valor.

9. Orders show the applicant was awarded the Bronze Star Medal for meritorious achievement during the period 15 July 1970 to 15 November 1970. Orders also show the applicant was awarded the second award of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) for meritorious service during the period April 1970 to March 1971.

10. There is no evidence of record which shows the applicant was recommended for or awarded a Bronze Star Medal for valor. Therefore, there is no basis for correcting his records to show award of the Bronze Star Medal for valor.
11. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be amended to show this foreign unit award.

12. 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. 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.

13. 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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) from the DD Form 214 of the individual concerned; and

b. by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars to item 24 on his DD Form 214.

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

BOARD VOTE:

FNE____ JEA_____ CC______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076718
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021203
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.