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Decision Text

ARMY | BCMR | CY2002 | 2002081477C070215
Original file (2002081477C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002081477


         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Ms. Gail J. Wire 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, in effect, that his report of separation (DD Form 214) be corrected to reflect his award of the Air Medal and the Presidential Unit Citation (PUC).

3. The applicant states, in effect, that he was awarded the Air Medal and the PUC for his service in Vietnam; however, it was omitted from his DD Form 214 at the time of separation.

4. The applicant’s military records show that he enlisted in Brooklyn, New York, on 31 July 1967, for a period of 3 years. He successfully completed his training and was transferred to Vietnam on 14 January 1968. He was initially assigned to the 46th Construction Engineer Battalion for duty as a carpenter. On 27 January 1969, he was reassigned to the 135th Assault Helicopter Company for duty as a door gunner.

5. On 30 July 1969, he was awarded the Air Medal for meritorious achievement while participating in aerial flight.

6. He departed Vietnam on 24 August 1969 and was transferred to Fort Stewart, Georgia, where he remained until he was discharged on 15 December 1969. He had served 2 years, 3 months and 19 days of total active service and his DD Form 214 indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one silver and two bronze service stars and the Republic of Vietnam Campaign Medal.

7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s units were subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to those units.

CONCLUSIONS:

1. The applicant was in fact awarded the Air Medal in Vietnam and an administrative oversight resulted in it being omitted from his DD Form 214 at the time of his discharge. Accordingly, it would be in the interest of justice to add the Air Medal to his DD Form 214 at this time.

2. Additionally, the applicant's units were subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM – FC Unit Citation for the period he was assigned. Therefore, he should also be provided those awards as well.

3. There is no evidence that the applicant's units were awarded the PUC during the period he was assigned. Accordingly, the Board finds no basis to award him one at this time

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that he was awarded the Air Medal and by awarding him the RVNGC w/Palm Unit Citation and the RVNCAHM – FC Unit Citation.

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

BOARD VOTE:

___sk___ __gw____ _rvo ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002081477
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 64 107.0018/AM
2. 140 107.0094/RVNGC
3. 141 107.0095/RVNCAHM
4.
5.
6.


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