PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002077458


         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. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal, two awards of the Army Commendation Medal, the Good Conduct Medal, two awards of the Air Medal, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Vietnam Service Medal with four bronze service stars or with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

3. The applicant states, in effect, that these awards were omitted from his discharge document and he served in Vietnam from 1 year, 7 months and 29 days. He submitted a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 10 February 1969 for a period of three years. He successfully completed basic and advanced individual training and served as an aviation communication equipment repairman in Vietnam from 6 October 1969 through 4 June 1971. The applicant was honorably released from active duty on 13 December 1971.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in
item 41 (Awards and Decorations) for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

6. The applicant's DD Form 214 shows entitlement to one award of the Army Commendation Medal.

7. The applicant's personnel records contain Headquarters 1st Aviation Brigade General Orders Number 8050, dated 19 August 1970, which awarded him the Army Commendation Medal for meritorious achievement from 7 December 1969 to 7 March 1970. There are no orders in his personnel records which shows he was awarded the second award of the Army Commendation Medal.

8. There is no evidence the applicant received the first award of the Good Conduct Medal. Item 44 (Time Lost) on his DA Form 20 shows he was AWOL from 5 December to 13 December 1970. His DA Form 20 also shows that he was reduced from specialist five to specialist four with a date of rank of 2 April 1971. The applicant's DD Form 214 shows he was released from active duty with a reentry eligibility code of RE-3B.

9. The applicant's DD Form 214 does not show entitlement to any awards of the Air Medal. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

10. Item 38 (Records of Assignments) on the applicant's DA Form 20 shows he was assigned to the 610th Transportation Company from 10 October 1969 through 9 December 1969 in Vietnam. His DA Form 20 also shows he was assigned to the 263rd Maintenance Company from 10 December 1969 to 4 June 1971 in Vietnam.

11. 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 does not show that the applicant's units in Vietnam were cited for award of the Presidential Unit Citation.

12. Department of the Army Pamphlet 672-3 shows the 610th Transportation Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 January to 31 December 1971.

13. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 263rd Maintenance Company, it was cited for award of the Meritorious Unit Commendation for actions during the period 1 February 1970 to 31 July 1971 by Department of the Army General Orders Number 5, dated 1973.

14. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award.

15. 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 the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase VII Campaign.

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

17. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
18. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

19. 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.

20. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. 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.

21. 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. A silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

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

2. The applicant's DD Form 214 shows entitlement to one award of the Army Commendation Medal. There is no evidence of record which shows the applicant was awarded a second award of the Army Commendation Medal. Therefore, there is no basis for correcting his DD Form 214 to show two awards of the Army Commendation Medal.

3. 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 he was AWOL for a period of 9 days, was reduced to the rank of specialist four and was restricted on his reenlistment eligibility which are disqualifying factors for award of the Good Conduct Medal. In view of the applicant’s acts of indiscipline and reenlistment eligibility limitations, the Board has determined that the applicant not eligible for award of the Good Conduct Medal. Therefore, there is no basis for correcting his DD Form 214 to show award of the Good Conduct Medal.

4. The Board considered the applicant's request for two awards of the Air Medal. However, there is no evidence of record, and the applicant has provided no evidence which shows he received any awards of the Air Medal. Therefore, there is no basis for correcting his records to show two awards of the Air Medal.

5. The Department of the Army Pamphlet 672-3 does not show that the applicant's units in Vietnam, the 610th Transportation Company and the 263rd Maintenance Company, were cited for award of the Presidential Unit Citation. Therefore, there is no basis for correcting his records to show award of the Presidential Unit Citation.

6. The Board considered the applicant's request for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. However, the Department of the Army Pamphlet 672-3 does not show that the 610th Transportation Company and the 263rd Maintenance Company were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation at the time he was assigned to these units. Therefore, there is no basis for correcting his records to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7. While the applicant was assigned to the 263rd Maintenance Company, this unit was cited for award of the Meritorious Unit Commendation. Therefore, his DD Form 214 will be corrected to show the Meritorious Unit Commendation.

8. The Board also considered the applicant's request for four bronze service stars or one silver service star for wear on his Vietnam Service Medal.

9. The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars. However, evidence of record shows the applicant participated in two additional campaigns during his assignment in Vietnam. 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.

10. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be corrected to show this foreign unit 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 with two bronze service stars from item 24 on the DD Form 214 of the individual concerned; and

b. by adding award of the Meritorious Unit Commendation, the Vietnam Service Medal with four bronze service stars, 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:

RWA____ KYF_____ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Roger W. Able_________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002077458
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021212
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.