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Decision Text

ARMY | BCMR | CY2002 | 2002078228C070215
Original file (2002078228C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 March 2003
         DOCKET NUMBER: AR2002078228


         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. Joann Langston Chairperson
Mr. Raymond V. O'Connor Member
Ms. Eloise C. Prendergast 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 Presidential Unit Citation and the Meritorious Unit Commendation. He also requests, in effect, that his Vietnam Service Medal and that his Air Medal be "updated."

3. The applicant states that he was assigned to Troop A, 1st Squadron, 9th Cavalry, 1st Air Cavalry Division in Vietnam from June 1968 to June 1969. He contends that his unit received the medals as listed above but they do not appear on his DD Form 214. He also contends that his Vietnam Service Medal is "wrong" and his Air Medal is not "updated." In support of his application, he submitted a copy of his DD Form 214.

4. The applicant’s military records show that he was inducted in the Army on 13 June 1967. He completed infantry training and served in Vietnam from 12 June 1968 through 3 June 1969 as a squad leader. The applicant was honorably released from active duty on 5 June 1969.

5. The applicant's DD Form 214 does not show the Presidential Unit Citation or the Meritorious Unit Commendation as authorized awards.

6. 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 that the 1st Squadron, 9th Cavalry was cited for award of the Presidential Unit Citation for actions from 23 October through 26 November 1965 and from 2 to 24 October 1966. The applicant's unit was not cited for award of the Presidential Unit Citation during the period 12 June 1968 through 3 June 1969.

7. The Department of the Army Pamphlet 672-3 does not show that the 1st Squadron, 9th Cavalry was cited for award of the Meritorious Unit Commendation.

8. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, it does not show the bronze service stars to which applicant is entitled for campaign participation.

9. 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 four campaigns of the Vietnam War.

10. The applicant's DD Form 214 shows the Air Medal as an authorized award. His records contain Headquarters 1st Cavalry Division (Airmobile) General Orders Number 12873, dated 4 October 1968, which awarded him the basic Air Medal for meritorious achievement while participating in aerial flight during the period July 1968 to August 1968.

11. There are no orders which show the applicant received any additional awards of the Air Medal. There are no flight hours recorded in the applicant’s personnel records. There also is no evidence of record which shows he was recommended for additional awards of the Air Medal.

12. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters Department of the Army General Orders Number 8, dated 1974.

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.

14. 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.

CONCLUSIONS:

1. Records show that the applicant served with Troop A, 1st Squadron, 9th Cavalry, 1st Air Cavalry Division in Vietnam during the period 12 June 1968 through 3 June 1969.

2. The Department of the Army Pamphlet 672-3 does not show that the applicant's unit was cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation during the period he was assigned to Vietnam. Therefore, there is no basis for correcting his records to show the Presidential Unit Citation and the Meritorious Unit Commendation.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows he participated in four 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.

4. The applicant's DD Form 214 shows the basic Air Medal as an authorized award.

5. There is no evidence of record, and the applicant has provided no evidence which shows he was recommended for or awarded any additional awards of the Air Medal. Therefore, there is no basis for granting the applicant's request.

6. 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.

7. 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 from the DD Form 214 of the individual concerned; and

         b. by adding the Vietnam Service Medal with four bronze service stars and the Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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

BOARD VOTE:

JL_____ RVO_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON



INDEX

CASE ID AR2002078228
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030327
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.


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