PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002078204


         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:

Ms. Kathleen A. Newman		Chairperson
Ms. Gail J. Wire		Member
Mr. Patrick H. McGann		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 with “V” Device and a second award of the Air Medal (correctly known as the Air Medal with Numeral “2”).

3. The applicant states that these awards were omitted through clerical oversight in the rush to process a large number of men. In support of his application, he submits a copy of his DD Form 214; orders for the Bronze Star Medal with “V” Device and an award certificate for the Air Medal.

4. The applicant’s military records show that he was inducted on 27 March 1968. He served as an infantryman in Vietnam from 8 December 1968 through
16 November 1969 and was honorably released from active duty on
21 November 1969.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device or the Air Medal with Numeral “2” as authorized awards.

6. The applicant’s service personnel records contain 101st Airborne Division (Airmobile) General Orders Number 10696, dated 18 August 1969, which show he received the Bronze Star Medal for meritorious service during the period
1 December 1968 to 31 July 1969 in Vietnam. This award is shown on his discharge document.

7. The applicant’s service personnel records also contain 101st Airborne Division General Orders Number 5319, dated 24 May 1969, which show he received the Bronze Star Medal with “V” Device for heroism on 19 March 1969 in Vietnam.

8. The applicant’s service personnel records contain 101st Airborne Division General Orders Number 7519, dated 23 June 1969, which show he received an Air Medal for meritorious achievement while participating in aerial flight on
19 May 1969 in Vietnam. This award is shown on his discharge document.

9. In support of his claim for a second award of the Air Medal, the applicant provided a citation for an award of the Air Medal for meritorious achievement on 19 May 1969 in Vietnam.

10. There is no evidence in the available records that the applicant was awarded a second award of the Air Medal.

11. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four 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.

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
12 March 1969 to 8 May 1969 by Department of the Army General Orders Number 2, dated 1971. 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 43, dated 1970. This award is not shown on his discharge document.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971. This award is not shown on his discharge document.

16. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

17. 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. 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.

18. 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.

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.

CONCLUSIONS:

1. The applicant’s DD Form 214 shows one award of the Bronze Star Medal. However, he received two awards of the Bronze Star Medal, one of which was for valor. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with First Oak Leaf Cluster with “V” Device.

2. General Orders show the applicant received the basic award of the Air Medal for meritorious achievement on 19 May 1969 in Vietnam.

3. The Board considered the applicant’s contention that he is entitled to a second award of the Air Medal. However, in support of his claim for a second award of the Air Medal, the applicant provided the citation for his basic award of the Air Medal for meritorious achievement on 19 May 1969 in Vietnam.

4. There is no evidence of record available to the Board which shows that the applicant received a second award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Air Medal in this case.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 27 March 1968 through 21 November 1969 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.

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

8. 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 Bronze Star Medal with First Oak Leaf Cluster with “V” Device, the Vietnam Service Medal with four bronze service stars, the first award of the Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

KAN____ GJW____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Kathleen A. Newman___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078204
SUFFIX
RECON
DATE BOARDED	20030123
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0018
3.	107.0000
4.
5.
6.