PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2003085454


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Lester Echols		Member
Mr. Lawrence Foster		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Air Medal and the Purple Heart.

3. The applicant makes no additional statement. He provides a copy of his DD Form 214 and Purple Heart orders as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 27 December 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He was awarded the Marksman Qualification Badge with Rifle Bar on Headquarters, 2d Advanced Individual Training Brigade, U. S. Army Infantry Center, Fort Ord, CA Special Orders Number 74 dated 11 April 1969.

5. The applicant arrived in Vietnam on or about 1 June 1969 and was assigned to Company B, 5th Battalion, 60th Infantry, 9th Infantry Division as a rifleman.

6. The applicant was awarded the Combat Infantryman Badge on Headquarters, 9th Infantry Division Special Orders Number 191 dated 10 July 1969.

7. The applicant was awarded the Purple Heart for wounds received on 27 February 1970 on Headquarters, 24th Evacuation Hospital General Orders Number 44 dated 1 March 1970.

8. On 11 April 1970, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent from his billets on 10 April 1970.

9. On 13 July 1970, the applicant departed Vietnam after receiving participation credit for four campaigns.

10. No orders awarding the applicant the Air Medal are available. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not indicate he was awarded the Air Medal. No U. S. Army Vietnam (USARV) Form 131 (Awards and Qualification Record (Air Medal)) is available.

11. On 10 December 1970, the applicant was honorably released from active duty after completing 1 year, 11 months, and 14 days of creditable active service with no lost time. His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

12. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal with 3 bronze service stars, and the Republic of Vietnam Campaign Medal with device 1960.

13. On 14 January 1992, the applicant's DD Form 214 was amended to add the Purple Heart and the Combat Infantryman Badge.

14. Army Regulation 600-8-2 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.

15. At the time, USARV 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.

16. 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.

17. 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 Medal 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. 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.

18. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each campaign participation credited.

19. 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

20. 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 5th Battalion, 60th Infantry, it was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43 dated 1972.

21. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55 dated 1971.

22. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 by DAGO Number 55 dated 1971.

CONCLUSIONS:

1. The evidence of record shows the applicant's DD Form 214 was amended in January 1992 to add the Purple Heart along with the Combat Infantryman Badge. A copy of the DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be provided to the applicant.

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2. There is no evidence of record and the applicant provides none to show he was awarded or met the eligibility criteria for award of the Air Medal. Therefore, it would not be appropriate to add it to his DD Form 214.

3. The applicant's conduct and efficiency ratings had been rated as "excellent" throughout his service. He had only one instance of nonjudicial punishment in his records, for a relatively minor offense. The Board concludes that the applicant therefore met the eligibility criteria for award of the Army Good Conduct Medal for the period 27 December 1968 through 10 December 1970. He should be awarded this medal and it should be added to his DD Form 214.

4. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with 3 bronze service stars. As he had received participation credit for 4 campaigns, he is authorized to wear 4 bronze service stars on the Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.

5. The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be amended to add these unit awards.

6. The evidence of record also shows that the applicant was awarded the Marksman Qualification Badge with Rifle Bar. His DD Form 214 should be amended to add this award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 27 December 1968 through 10 December 1970.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, the Marksman Qualification Badge with Rifle Bar, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is authorized to wear 4 bronze service stars with the Vietnam Service Medal.

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3. That so much of the application as pertains to adding the Air Medal to the applicant's DD Form 214 be denied.

BOARD VOTE:

__wtm___ __le____ _lf_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085454
SUFFIX
RECON
DATE BOARDED	20030626
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	110.04
2.
3.
4.
5.
6.