PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 April 2003
         DOCKET NUMBER: AR2002080493


         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. Joann Langston		Chairperson
Mr. Richard T. Dunbar		Member
Ms. Yolanda Maldonado		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 award of the Silver Star, the Bronze Star Medal, the Air Medal and the National Defense Service Medal.

3. The applicant states that he did not receive the appropriate medals that he earned. In support of his application, he submits a letter, dated 1 August 2002, from the father of a fellow soldier with whom the applicant served in Vietnam; a letter, dated 5 September 1969, from the Commanding General of the 1st Cavalry Division to the father of the fellow soldier; an undated letter from the father of the fellow soldier; a letter, dated 26 May 1970, from an instructor at the U.S. Army Transportation School at Fort Eustis, Virginia, to the Commanding Officer, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile).

4. The applicant's request for award of the Silver Star was addressed by separate correspondence to the applicant. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

5. The applicant’s military records show that he served on active duty from
28 February 1945 through 11 September 1945 and from 20 June 1946 through
7 May 1949. He served in the U.S Army Reserve (USAR) from 23 June 1950 through 22 June 1953 and from 28 October 1963 through 23 December 1968. The applicant enlisted on 24 December 1968 in the USAR and was ordered to active duty on 29 January 1969. He served as an infantryman in Vietnam from 15 February 1969 through 27 November 1969 and was honorably discharged on 11 December 1970. He subsequently served in the USAR.

6. The applicant's DD Form 214 with an effective date of 11 December 1970, which was authenticated in his own hand, does not show the Bronze Star Medal, the Air Medal or the National Defense Service Medal as authorized awards.

7. There are no orders for the Bronze Star Medal in the available records.

8. There are no orders for the Air Medal in the available records. There are no flight hours recorded in the available records.

9. In support of his claim for award of the Air Medal, the applicant provided a letter, dated 26 May 1970, from a captain serving as an instructor at the U.S. Transportation School at Fort Eustis, Virginia, to the Commanding Officer of the 1st Battalion, 5th Cavalry of the 1st Cavalry Division (Airmobile). The captain's purpose for the letter was to inquire into pending awards for the applicant. The captain indicated that the applicant had participated in a sufficient number of combat assaults in Vietnam to warrant at least one award of the Air Medal. The captain also inquired about the Army Commendation Medal or the Bronze Star Medal for service.

10. Item 9 (Awards, Decorations & Campaigns) on the applicant's 2-1 (Personnel Qualification Record) shows entitlement to the National Defense Service Medal.

11. The applicant's DD Form 214 with an effective date of 11 December 1970 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

12. The Board notes that the applicant is eligible for one Overseas Service Bar for his service in Vietnam. This award is not shown on his DD Form 214 with an effective date of 11 December 1970.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

15. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

16. 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.

17. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

2. The Board reviewed a 26 May 1970 letter which asserts that the applicant had participated in a sufficient number of combat assaults to warrant at least one Air Medal during his assignment in Vietnam from 15 February 1969 through
27 November 1969. However, in the absence of orders, flight records or other evidence of record showing the applicant was recommended for, awarded or otherwise met the qualifications for award of the Air Medal, the Board determined that this letter is not sufficient as a basis for award of the Air Medal. Based on the foregoing, 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 National Defense Service Medal for his honorable active service from 29 January 1969 through 11 December 1970. Therefore, his DD Form 214 with an effective date of 11 December 1970 should be corrected to show this medal.

4. The applicant’s DD Form 214 with an effective date of 11 December 1970 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 with an effective date of 11 December 1970 to show these awards.

5. The applicant is entitled to one Overseas Service Bar for his service in Vietnam from 15 February 1969 through 27 November 1969. Therefore, the applicant's DD Form 214 with an effective date of 11 December 1970 should be corrected to show this award.
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 National Defense Service Medal, the Vietnam Service Medal with four bronze service stars and one Overseas Service Bar on his DD Form 214 with an effective date of 11 December 1970.

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

BOARD VOTE:

JL_____ RTD____ YM______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002080493
SUFFIX
RECON
DATE BOARDED	20030415
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.