PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2003084952


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Jennifer L. Prater		Member
Mr. Paul M. Smith		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, in effect, that he be awarded the Air Medal.

3. The applicant states, in effect, that he is entitled to award of the Air Medal based on the amount of airtime and the outfit he was attached to at the time.

4. The applicant provided nothing beyond his Application for Correction of Military Record, DD Form 149, in support of his contentions.

5. The applicant’s military records show that he was inducted into the Army on 17 March 1971. He completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Lewis, Washington. Upon completion of all required training, he was awarded the military occupational specialty, 11B (Light Weapons Infantryman).

6. He was assigned to the Republic of Vietnam as a first duty station. He arrived in Vietnam on 24 August 1971 and was assigned to D Company, 2nd Battalion, 8th Cavalry (Airmobile), 1st Cavalry Division.

7. There are no orders in the applicant's service personnel records awarding him the Air Medal. There is also no entry in Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Air Medal was awarded him. The Board noted that on the date of his release from active duty, the applicant signed his DD Form 214, in his own hand, attesting to the accuracy of the information recorded on this form.

8. There is no documentary evidence in the applicant's service personnel records that would indicate that he was attached to and performed with another unit other than that, which is shown in Item 38, of the applicant's DA Form 20.

9. There is no documentary evidence in the applicant's service personnel records assigning him to duties on either an aviation crewmember or non-crewmember status while he was in Vietnam.

10. The applicant was honorably released from active duty on 14 April 1972 under the provisions of Army Regulation 635-200 and Department of the Army Message 102035Z December 1971, Early Release of AUS and First Term RA Personnel - Phase Down Release Programs (Early Out from Vietnam) in the rank and pay grade of Specialist 4, E-4, with 1 year and 28 days active Federal military service.

11. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was

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awarded the following during his service: the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Combat Infantryman Badge.

12. On 3 April 1991, the Army Reserve Personnel Center prepared a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, and deleted the Army Commendation Medal from Block 24 then added the Army Commendation Medal with "V" Device and the Bronze Star Medal to Block 24 of the applicant's DD Form 214.

13. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

14. The above regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. The applicant served on active duty for 1 year and 28 days. Throughout this period, his conduct and efficiency rating were consistently "Excellent."

15. This same regulation, 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. While in the Republic of Vietnam, the applicant participated in the following three campaigns: Consolidation I, which extended from 1 July through 30 November 1971; the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

16. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour of duty in Vietnam, D Company, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 17 September 1965 through June 1972 by Department of the Army General Orders Number 54, dated 1975. The applicant is entitled to this award because he was assigned to the unit at the time the unit

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was cited for the award. This award should therefore be shown on his DD Form 214.

17. The applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar in Paragraph 213, Special Orders 156, published by Headquarters, US Army Training Center and Fort Lewis, Washington, dated 5 June 1971. He was awarded the Expert Marksmanship Qualification Badge with Grenade Launcher Bar in Paragraph 233, Special Orders 160, published by Headquarters, US Army Training Center and Fort Lewis, Washington, dated 9 June 1971. He was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in Paragraph 219, Special Orders 156, published by Headquarters, US Army Training Center and Fort Lewis, Washington, dated 5 June 1971; and he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar in Paragraph 230, Special Orders 188, published by Headquarters, US Army Training Center and Fort Lewis, Washington, dated 5 June 1971.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that would indicate that he was awarded the Air Medal or that he was recommended for this award during his assignment with D Company, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, while he served in the Republic of Vietnam.

2. There is no evidence of record that would indicate any indiscipline or that any of his unit commanders disqualified him from award of the Good Conduct Medal. The applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, he had no lost time during his service, and he was promoted to the rank of Specialist Four. It is the Board’s feeling that he was not awarded the Good Conduct Medal due to administrative oversight and he is therefore entitled to this award for the period 17 March 1971 through 14 April 1972 and to have this award shown on his DD Form 214.

3. The applicant served in a unit during his tour of duty in Vietnam that was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. He is therefore entitled to have this award added to his DD Forms 214.

4. The applicant participated in three campaigns while he was in the Republic of Vietnam. He was awarded the Vietnam Service Medal. He is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant the Good Conduct Medal for the period 17 March 1971 through 14 April 1972, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal and adding these awards to his DD Form 214;

         b. adding the following, in addition to the above awards, to Block 24, DD Form 214: the already-awarded Expert Marksmanship Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, the Expert Marksmanship Qualification Badge with Grenade Launcher Bar, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

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

BOARD VOTE:

__jhl___ __jlp___ __pms___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084952
SUFFIX
RECON
DATE BOARDED	20030603
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0018
3.
4.
5.
6.