Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002077828C070215
Original file (2002077828C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002077828


         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. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi 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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Air Medal. He also requests any awards and decorations to which he may be entitled.

3. The applicant states that his discharge document fails to indicate all awards that he earned and was authorized. In support of his application, he submits a copy of his DD Form 214; a letter of explanation, dated 3 February 1999; orders, a citation and an award certificate for the Army Commendation Medal; a newspaper article; and a Standard Form 180 (Request Pertaining to Military Records), dated 17 September 1998.

4. The applicant’s military records show that he was inducted on 9 July 1970. He served as a light weapons infantryman in Vietnam from 13 December 1970 through 12 December 1971 and was honorably released from active duty on
17 January 1972.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal or the Air Medal as authorized awards.

6. Headquarters 101st Airborne Division (Airmobile) General Orders Number 12098, dated 14 December 1971, show the applicant was awarded the Army Commendation Medal for meritorious service during the period December 1970 to December 1971.

7. There are no flight hours recorded in the applicant’s service personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

8. 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.

9. The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

10. 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 6, dated 1974. This award is not shown on his discharge document.

11. Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

12. 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.

13. 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.

14. 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. The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2. 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 award of the Air Medal in this case.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 9 July 1970 through 17 January 1972 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.

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 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.

5. The applicant’s unit was cited for 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 military records to show this unit citation.

6. 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 by showing that the individual concerned was awarded the Army Commendation Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with three 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:

FNE_____ LE_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2002077828
SUFFIX
RECON
DATE BOARDED 20021121
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076718C070215

    Original file (2002076718C070215.rtf) Auto-classification: Approved

    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. 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...

  • ARMY | BCMR | CY2002 | 2002077682C070215

    Original file (2002077682C070215.rtf) Auto-classification: Approved

    He also requests correction of his DD Form 214 to show the Purple Heart, the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Service Medal with 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, the Good Conduct Medal, four awards of the Air Medal (correctly known as the Air Medal with Numeral "4"), two awards of the Army...

  • ARMY | BCMR | CY2002 | 2002066434C070402

    Original file (2002066434C070402.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device, the Air Medal (Second Oak Leaf Cluster), the Army Commendation Medal (Second Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Good Conduct Medal, and the Vietnam Service Medal with two...

  • ARMY | BCMR | CY2001 | 2001063123C070421

    Original file (2001063123C070421.rtf) Auto-classification: Approved

    U.S. Army Vietnam General Orders Number 2531, dated 30 August 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam during the period March 1969 to March 1970. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be...

  • ARMY | BCMR | CY2010 | 20100024514

    Original file (20100024514.txt) Auto-classification: Approved

    There is no evidence the applicant received the Army Good Conduct Medal. This pamphlet shows the 1st Battalion, 5th Cavalry, was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 25 June...

  • ARMY | BCMR | CY2014 | 20140001147

    Original file (20140001147.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 18 September 2014 DOCKET NUMBER: AR20140001147 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20: a. shows he served in Vietnam with – * A Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a cannoneer from 20 December 1969 to 7 March 1970 * B Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a radio telephone operator from 8 March 1970 to 12 November 1970 * B Battery, 1st Battalion (Airmobile), 30th Artillery, 1st...

  • ARMY | BCMR | CY2014 | 20140001147

    Original file (20140001147 .txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 18 September 2014 DOCKET NUMBER: AR20140001147 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20: a. shows he served in Vietnam with – * A Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a cannoneer from 20 December 1969 to 7 March 1970 * B Battery, 7th Battalion, 11th Artillery, 25th Infantry Division as a radio telephone operator from 8 March 1970 to 12 November 1970 * B Battery, 1st Battalion (Airmobile), 30th Artillery, 1st...

  • ARMY | BCMR | CY2010 | 20100028929

    Original file (20100028929.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal with "V" Device * Purple Heart * Combat Infantryman Badge * two awards of the Air Medal 2. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 5 March 1971 shows the: * National Defense Service Medal * Army Commendation Medal * three...

  • ARMY | BCMR | CY2011 | 20110004945

    Original file (20110004945.txt) Auto-classification: Approved

    Item 24 of his DD Form 214 for the period ending 13 October 1971 shows award of the Vietnam Service Medal with two bronze service stars, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar. The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period from 26 June 1969 through 13 October 1971. As a result, the Board recommends that...

  • ARMY | BCMR | CY2002 | 2002072806C070403

    Original file (2002072806C070403.rtf) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Purple Heart, the Army Commendation Medal, the Bronze Star Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Campaign Medal, and two or three awards of the Air Medal. The applicant’s DD Form...