PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002079979


         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. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy		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 records to show the Bronze Star Medal, the Army Commendation Medal, and five awards of the Air Medal (correctly known as the Air Medal with Numeral "5").

3. The applicant states, in effect, that his records do not reflect all the awards he has earned. In support of his application, he submitted seven award certificates and two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he enlisted in the Regular Army on 28 January 1960 for a period of three years. He successfully completed basic and advanced individual training and was honorably discharged on 25 April 1962 for immediate reenlistment. He served in Germany from 14 August 1960 through 15 July 1964 and Vietnam from 28 August 1965 through 28 August 1966 and was honorably discharged from active duty on 15 April 1968.

5. The applicant's service personnel records contain two DD Forms 214. His discharge document, with an effective date of 15 April 1968, covers the period of his service in Vietnam. This DD Form 214 does not show the Bronze Star Medal, the Army Commendation Medal, or the Air Medal with Numeral "5" as authorized awards.

6. The applicant's records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 30 September 1968, which shows he was issued award of the Bronze Star Medal with "V" Device and the Army Commendation Medal.

7. Headquarters, 1st Aviation Brigade General Orders Number 2201, dated 15 April 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in ground combat in the Republic of Vietnam on 12 February 1968.

8. Headquarters 1st Aviation Brigade General Orders Number 4238, dated 28 June 1968, awarded the applicant the Army Commendation Medal for meritorious service during the period 18 April 1967 to 17 April 1968.

9. The applicant's DD Form 214, with an effective date of 15 April 1968, shows the Air Medal (First Oak Leaf Cluster) [currently known as the Air Medal with Numeral "2"] as an authorized award.

10. Headquarters, United States Army Vietnam General Orders Number 517, dated 25 January 1966, awarded the applicant the basic Air Medal for meritorious achievement while participating in aerial flight during the period 17 October 1965 to 5 January 1966.

11. Headquarters, United States Army Vietnam General Orders Number 4570, dated 12 July 1966, awarded the applicant the Air Medal (First Oak Leaf Cluster) for meritorious achievement while participating in aerial flight during the period 7 January 1966 to 2 May 1966.

12. Headquarters, 1st Aviation Brigade General Orders Number 5817, dated 21 August 1968, awarded the applicant a third award of the Air Medal for meritorious achievement while participating in aerial flight during the period 6 December 1967 to 22 January 1968. There is no evidence available to the Board which shows he was awarded any additional awards of the Air Medal.

13. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

14. The applicant's DD Form 214, with an effective date of 15 April 1968, shows entitlement to the Vietnam Service Medal.

15. Item 39 (Campaigns) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he received campaign credit for participation in the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign. Appendix B of Army Regulation 600-8-22 (Military Awards) shows he also received campaign credit for participation in the Vietnam Counteroffensive, Phase II Campaign of the Vietnam War.

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

17. 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, at the time of the applicant’s assignment to the 540th Transportation Company, it was cited for award of the Meritorious Unit Commendation for actions during the period September 1965 to November 1966 by Department of the Army General Orders Number 17, dated 1968.

18. 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. This regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.

19. 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. Orders show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in ground combat on 12 February 1968. Therefore, his DD Form 214, with an effective date of 15 April 1968, will be corrected to show the Bronze Star Medal with "V" Device.

2. Orders also show that the applicant was awarded the Army Commendation Medal for meritorious service during the period 18 April 1967 to 17 April 1968. Therefore, his DD Form 214, with an effective date of 15 April 1968, will be corrected to show the Army Commendation Medal.

3. The Board considered the applicant's request for correction of his records to show the Air Medal with Numeral "5." However, orders show he was awarded a total of three awards of the Air Medal. Therefore, his records will be corrected to show the Air Medal with Numeral "3."

4. The applicant’s DD Form 214 shows the Vietnam Service Medal 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. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be corrected to show this foreign unit award.

6. While the applicant was assigned to the 540th Transportation Company, it was cited for award of the Meritorious Unit Commendation. Therefore, his records will be corrected to show this 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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214, with an effective date of 15 April 1968, of the individual concerned; and

         b. by adding the award of the Bronze Star Medal with "V" Device, the Army Commendation Medal, the Air Medal with Numeral "3", the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation to item 24 on his DD Form 214, with an effective date of 15 April 1968.

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

BOARD VOTE:

AAO_____ TEO____ TBR____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079979
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030401
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	107.0000
ISSUES 1.
2.
3.
4.
5.
6.