PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002077306


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. Troup		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Army Commendation Medal with “V” Device, the “Air Assault Medal” (correctly known as the Air Medal) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

3. The applicant states that these items do not appear on his discharge document. He contends that he had over 40 air assaults as a platoon sergeant in Vietnam by chopper. In support of his application, he submits a copy of his DD Form 214; an award certificate and citation for the Bronze Star Medal; and orders and an award certificate for the Army Commendation Medal with “V” Device.

4. The applicant’s military records show that he was inducted on 24 May 1968. He served as an infantry indirect fire crewman in Vietnam from 5 May 1969 through 9 April 1970 and was honorably released from active duty on 9 April 1970.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal, the Army Commendation Medal with “V” Device, the Air Medal or the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

6. Americal Division General Orders Number 3561, dated 6 April 1970, show the applicant was awarded the Bronze Star Medal for meritorious service during the period May 1969 to May 1970.

7. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. However, there are no orders for the Army Commendation Medal in the applicant’s service personnel records. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal.

8. Americal Division General Orders Number 7181, dated 28 July 1969, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 25 May 1969 in Vietnam. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows entitlement to the Army Commendation Medal with “V” Device.

9. There are no orders for the Air Medal in the applicant’s service personnel records. There are also no flight hours recorded in the applicant’s records.

10. The applicant’s service personnel records contain special orders for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he completed three campaigns during his assignment in Vietnam.
12. 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.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period
11-31 August 1969 by Department of the Army General Orders Number 43, dated 1972. This award is not shown on his discharge document.

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 42, dated 1972. This award is not shown on his discharge document.

15. Army Regulation 600-8-22 (Military Awards) 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.

16. 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.

17. 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.

CONCLUSIONS:

1. The applicant received the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2. The applicant’s DD Form 214 shows the Army Commendation Medal as an authorized award. However, there is no evidence of record that the applicant was awarded the Army Commendation Medal.

3. Evidence of record does show the applicant received the Army Commendation Medal with “V” Device, which is not shown on his discharge document. Therefore, the Board determined that is it reasonable to assume that the Army Commendation Medal currently shown on the applicant’s DD Form 214 should have been the Army Commendation Medal with “V” Device. Based on the foregoing, the Board concluded that it would be appropriate to correct the applicant’s DD Form 214 to show the Army Commendation Medal with “V” Device, not the Army Commendation Medal.

4. The Board considered the applicant’s contention that he had over 40 air assaults as a platoon sergeant in Vietnam by chopper. However, the evidence of record does not support this contention. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Air Medal in this case.

5. The applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 24 May 1968 through 9 April 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.

8. The applicant’s unit received the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

9. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal, the Army Commendation Medal with “V” Device, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal with three bronze service stars, the first award of the Good Conduct Medal, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

RVO____ AAO____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077306
SUFFIX
RECON
DATE BOARDED	20030116
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.