PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003085579


         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:

Mr. John N. Slone		Chairperson
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 Bronze Star Medal with "V" Device and the Air Medal.

3. The applicant states, in effect, that he received the Bronze Star Medal for heroism in December 1970. He also contends that he should receive the Air Medal since he made over 30 combat assaults in Vietnam and one night combat assault in Cambodia. In support of his application, he submits orders for the Bronze Star Medal for heroism on 19 October 1970 in Vietnam.

4. The applicant’s military records show that he was inducted on 27 March 1969. He served as an infantryman in Vietnam from 3 April 1970 through 25 December 1970 and was released from active duty on 26 December 1970.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with "V" Device or the Air Medal as authorized awards. His DD Form 214 does show the Bronze Star Medal as an authorized award.

6. 1st Cavalry Division (Airmobile) General Orders Number 22396, dated
30 December 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 19 October 1970 in Vietnam.

7. There are no flight hours recorded in the applicant's service personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

8. 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.

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

10. 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 unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 1 May - 29 June 1970 by Department of the Army General Orders Number 43, dated 1972. This award is not shown on his DD Form 214.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972. This award is not shown on his DD Form 214.

12. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 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.

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.



CONCLUSIONS:

1. The applicant's DD Form 214 shows the Bronze Star Medal as an authorized award.

2. Evidence of record shows the applicant received the Bronze Star Medal with "V" Device for heroism on 19 October 1970 in Vietnam. Therefore, the applicant is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal, one of which is for valor.

3. The Board considered the applicant’s contention that he made over
30 combat assaults in Vietnam and one night combat assault in Cambodia. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

4. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he 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.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 27 March 1969 through 26 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

6. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

7. The applicant's unit received the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

8. 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 Bronze Star Medal with First Oak Leaf Cluster with "V" Device, the first award of the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to award of the Air Medal be denied.

BOARD VOTE:

JNS____ LEM____ WDP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___John N. Slone_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085579
SUFFIX
RECON
DATE BOARDED	20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.