PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002078364


         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. Samuel A. Crumpler		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Shirley Powell		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 Social Security Account Number (SSAN) on a listing of individual awards for Troop D, 3rd Squadron,
5th Cavalry. He also requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 11 March 1971 to show award of the Distinguished Flying Cross, the Air Medal (Second Award) with "V" Device and the Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Vietnam War.

3. The applicant's request for correction of his SSAN on a listing of individual awards and his request for award of the Distinguished Flying Cross were addressed by separate correspondence to the applicant. Therefore, these issues will not be discussed further in these Proceedings.

4. The applicant states, in effect, that he is entitled to the Air Medal (Second Award) with "V" Device and the Bronze Star Medal that was issued to all combat infantrymen. In support of his application, he submits orders for the Air Medal (Second Award) with "V" Device; a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued on 20 August 1984; a DD Form 214 with an effective date of 11 March 1971; and a DD Form 214 with an effective date of 9 July 1968.

5. The applicant’s military records show that he was inducted on 19 July 1966. He served as a light weapons infantryman in Vietnam from 25 January 1967 until he was honorably discharged on 9 July 1968. The applicant enlisted on 10 July 1968 for a period of 4 years. He served as a door gunner and light weapons infantryman in Vietnam from 29 August 1968 through 8 May 1970. On 11 March 1971, the applicant was honorably discharged under the provisions of Army Regulation 635-20, for conscientious objection.

6. The applicant's DD Form 214 with an effective date of 11 March 1971 does show the Air Medal with "V" Device with First Oak Leaf Cluster. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

7. The Board notes the applicant's DD Form 214 with an effective date of 9 July 1968 shows the Air Medal as an authorized award. His records contain orders for the Air Medal for meritorious achievement during the period 12 February 1968 to 2 March 1968.

8. The applicant's service personnel records contain 1st Aviation Brigade General Orders Number 8113, dated 10 December 1968, which show the applicant received the Air Medal with First Oak Leaf Cluster for meritorious achievement for the period 10 September 1968 to 17 September 1968.

9. The applicant's records also contain 1st Aviation Brigade General Orders Number 5437, dated 23 June 1970, which show the applicant received the Air Medal for meritorious achievement for the period 5 November 1969 to
19 December 1969. This is the applicant's third award of the Air Medal.

10. 1st Aviation Brigade General Orders Number 5552, dated 24 June 1970, show the applicant received the Air Medal (Second Award) with "V" Device for heroism on 4 February 1970 in Vietnam. This is the applicant's fourth award of the Air Medal.

11. 1st Aviation Brigade General Orders Number 7026, dated 21 July 1970, show the applicant received the Air Medal (Second through Eighth Award) for the period 19 December 1969 to 13 March 1970, a total of 7 awards of the Air Medal.

12. The available records show the applicant received a total of 11 awards of the Air Medal, one of which was for valor.

13. There are no orders for the Bronze Star Medal in the applicant's service personnel records. There is no evidence in the available records which shows that the applicant was recommended for or received the Bronze Star Medal.

14. The applicant's DD Form 214 with an effective date of 11 March 1971 shows one award of the Army Commendation Medal. His records contain 1st Aviation Brigade General Orders Number 1899, dated 25 April 1969, which show the applicant received the Army Commendation Medal for meritorious service during the period April 1968 to April 1969. His records also contain 1st Aviation Brigade General Orders Number 2834, dated 28 April 1970, which show the applicant received the Army Commendation Medal for meritorious service during the period May 1969 to May 1970.

15. 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 8, dated 1974. This award is not shown on his DD Form 214 with an effective date of 11 March 1971.

16. 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 519, dated 1971. This award is not shown on his DD Form 214 with an effective date of 11 March 1971.

17. 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. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the Bronze Star Medal may be awarded for heroism, meritorious achievement or service which does not involve aerial flight, but which is performed in connection with military operations against an armed enemy including combat, support, and supply operations.

19. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

20. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1. The applicant's DD Form 214 with an effective date of 11 March 1971 shows the Air Medal with "V" Device and First Oak Leaf Cluster as an authorized award. However, evidence of record shows the applicant received 11 awards of the Air Medal, one of which was for valor. Therefore, it would be appropriate to correct the applicant's DD Form 214 with an effective date of 11 March 1971 to show award of the Air Medal with Numeral "11" with "V" Device.

2. Evidence of record shows that the applicant received the Combat Infantryman Badge during the Vietnam War.

3. The governing regulation states that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medal Badge for service during World War II. Therefore, there is no basis for granting the applicant's request for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

4. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or received the Bronze Star Medal.
Therefore, the Board determined that there is no evidence on which to award the Bronze Star Medal in this case.

5. The applicant's DD Form 214 with an effective date of 11 March 1971 shows one award of the Army Commendation Medal. However, evidence of record shows the applicant received two awards of the Army Commendation Medal. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 11 March 1971 to show award of the Army Commendation Medal with First Oak Leaf Cluster.

6. The applicant's unit received 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, the applicant is entitled to correction to his DD Form 214 with an effective date of 11 March 1971 to show these unit awards.

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 by showing that the individual concerned was awarded the Air Medal with Numeral "11" with "V" Device, the Army Commendation Medal with First Oak Leaf Cluster, 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:

SAC___ TSK____ SP______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078364
SUFFIX
RECON
DATE BOARDED	20030311
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0014
3.	107.0000
4.
5.
6.