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Decision Text

ARMY | BCMR | CY2002 | 2002077299C070215
Original file (2002077299C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002077299


         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. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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 records to show award of the Air Medal with an unspecified number of oak leaf clusters.

3. The applicant states that he wants his personnel record to reflect the Air Medal that he received during his tour in Vietnam with Troop D, 17th Air Cavalry from 1971 to 1972. He did not submit any documents in support of his application.

4. The applicant’s military records show that he served as an enlisted soldier from 3 January 1967 to 12 February 1968. He served as a Reserve warrant officer from 13 February 1968 to 2 March 1970. He was appointed as a Reserve commissioned officer on 3 March 1970. The applicant completed overseas assignments in Korea from 13 March 1968 to 12 April 1969, Germany from 22 May 1969 to 7 April 1971 and Vietnam from 28 November 1971 to 27 November 1972. He was honorably released from active duty on 4 September 1973 in the rank of captain. The applicant subsequently served in the Army National Guard.

5. The applicant's personnel records contain three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge). His discharge document, with an effective date of 4 September 1973, does not show the Air Medal as an authorized award.

6. Headquarters, 1st Aviation Brigade General Orders Number 84, dated 9 January 1973, awarded the applicant the twenty-first through forty-seventh award of the Air Medal for meritorious achievement while participating in aerial flights during the period 27 December 1972 (sic 1971) to 22 September 1972.

7. The Board noted that the applicant is entitled to award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars which are not shown on his discharge documents.

8. The applicant's personnel records contain Headquarters, 1st Aviation Brigade General Orders Number 3554, dated 27 November 1972, which awarded him the Bronze Star Medal for meritorious service in Vietnam from 27 November 1971 to 27 November 1972.

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

10. The applicant's DD Form 214, with an effective date of 4 September 1973, shows entitlement to the Vietnam Service Medal with one bronze service star.

``11. 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 three campaigns of the Vietnam War.

12. 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.

13. 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. Orders show the applicant was awarded the twenty-first through forty-seventh award of the Air Medal for meritorious achievement during the period 27 December 1971 to 22 September 1972. Therefore, he is entitled to correction of his DD Form 214, with an effective date of 4 September 1973, to show award of the Air Medal with Numeral "47."

2. Evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam from 27 November 1971 to 27 November 1972. Therefore, his DD Form 214, with an effective date of 4 September 1973, will be amended to show award of the Bronze Star Medal.

3. 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.

4. The applicant's DD Form 214 shows the Vietnam Service Medal with one bronze service star 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 three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.
5. 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 with one bronze service star from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

         b. by adding award of the Air Medal with Numeral "47", the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars.

BOARD VOTE:

MKP_____ JLP____ MMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON




INDEX

CASE ID AR2002077299
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030114
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0018
2.
3.
4.
5.
6.


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