PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003085232


         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. Margaret K. Patterson		Chairperson
Mr. Walter T. Morrison		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Army Commendation Medal, the Meritorious Unit Commendation, the Valorous Unit Award, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Bronze Star Medal, and the Air Medal.

3. The applicant states that these awards were left off of his discharge document following his duty in Vietnam and upon his exit from the service. He also contends that he is entitled to the Air Medal for 25 combat assaults in Vietnam.

4. The applicant’s military records show that he was inducted on 31 July 1967. He served as a light weapons infantryman in Vietnam in the 3rd Battalion, 21st Infantry, 196th Light Infantry Brigade from 1 January 1968 through 25 December 1968 and was released from active duty on 30 July 1969 after completing 2 years of creditable active service and no time lost.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Army Commendation Medal, the Meritorious Unit Commendation, the Valorous Unit Award, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Bronze Star Medal, or the Air Medal as authorized awards.

6. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in five campaigns during his assignment in Vietnam.

8. There are no orders for the Army Commendation Medal, the Bronze Star Medal or the Air Medal in the applicant's service personnel records. Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal, the Bronze Star Medal or the Air Medal. In addition, no flight hours are recorded in the applicant's service personnel records.

9. 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 the applicant's unit was not cited for the Meritorious Unit Commendation, the Valorous Unit Award, the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

10. Department of the Army Pamphlet 672-3 shows the applicant's unit was cited for the Navy Unit Commendation for actions during the period 1-16 May 1968 by Department of the Army General Orders Number 32, dated 1972. This award is not shown on his DD Form 214.

11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12. 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. This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

13. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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.

15. Army Regulation 600-8-22 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

16. At the time, U.S. Army Vietnam Regulation 672-1 provided that individuals who traveled by aircraft from point to point for the purpose of participating in combat assaults were eligible for the award of the Air Medal for achievement after completion of 25 assault missions. For personnel transported by aircraft, a combat assault mission was defined as a mission where friendly troops conducted the initial landings into a hostile area for the purpose of conducting combat or combat support operations. A passenger may have received credit for one mission for each assault landing completed.

17. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

18. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Meal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

19. Normally, missions flown by personnel assigned to nonaviation units would have been recorded on USARV Form 131 by the individual and signed by the certifying officer.

CONCLUSIONS:

1. The Board concludes the applicant met eligible criteria for the first award of the Good Conduct Medal for the period 31 July 1967 through 30 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

3. There is no evidence of record, and the applicant has provided no evidence, which shows he was awarded the Army Commendation Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

4. Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Meritorious Unit Commendation, the Valorous Unit Award, the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is not entitled to correction of his DD Form 214 to show these unit awards.

5. All units assigned to Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant's DD Form 214 should be corrected to show this unit citation.

6. There is no evidence of record, and the applicant has provided no evidence, which shows he was awarded 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.

7. The Board considered the applicant's contention that he is entitled to the Air Medal for 25 combat assaults in Vietnam. However, the applicant has provided no evidence to support this contention. There is no evidence of record which shows the applicant was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

8. Evidence of record shows the applicant's unit received the Navy Unit Commendation. Therefore, the applicant's DD Form 214 should be corrected to show this award.

9. 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 the applicant be awarded the Army Good Conduct Medal for the period 31 July 1967 through 30 July 1969.

2. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the first award of the Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Navy Unit Commendation.

3. That so much of the application as pertains to the Army Commendation Medal, the Meritorious Unit Commendation, the Valorous Unit Award, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Bronze Star Medal, and the Air Medal be denied.

BOARD VOTE:

MKP___ WTM____ TEO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085232
SUFFIX
RECON
DATE BOARDED	20030729
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.