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ARMY | BCMR | CY2003 | 2003085724C070212
Original file (2003085724C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 28 October 2003
         DOCKET NUMBER: AR2003085724


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Linda D. Simmons Member
Ms. Marla J. Troup 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 that his DD Form 214 (Report of Transfer of Discharge) be corrected to show he was awarded three Meritorious Unit Citations, six campaign stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, “Crew Chief’s Wings”, and any other awards he entitled.

3. The applicant states that it is not his fault that these awards are not on his DD Form 214.

4. The applicant’s military records show that he entered active duty on 18 September 1967. He completed training and was assigned to Vietnam as a field radio repairman.

5. His DA Form 20 (Enlisted Qualification Record) shows at:

a. Item 38 (Record of Assignments) that he was assigned to the 144th Aviation Company, 224th Aviation Battalion in Vietnam. His period of service in Vietnam is shown as 9 June 1968 through 6 January 1970;

b. Item 39 (Campaigns) that he served during in six campaigns; Counteroffensive IV; Counteroffensive V, Counteroffensive Phase VI, Tet 69 Counteroffensive; Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970; and,

c. Item 41 (Awards and Decorations) that he was authorized the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal, the Good Conduct Medal (1st award), the Sharpshooter Badge (M-14), and three Overseas Service Bars.

6. The 311th Army Security Agency Battalion Special Orders Number 71, dated 14 April 1971, awarded him the Expert Qualification Badge with Rifle Bar (M-16).

7. He was honorably released from active duty and transferred to the Reserve on 19 August 1971.

8. His DD Form 214 shows 3 years, 11 months, and 2 days of creditable service. His decorations are listed as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Good Conduct Medal, the Expert Badge with Rifle Bar, and three Overseas Service Bars.

9. His records contain no indication of any flight status, or authorization for any aviation related decorations.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaigns for which a bronze service star is authorized for wear on the Vietnam Service Medal.

12. Army Regulation 600-8-22, provides in pertinent part, that an Aircraft Crewman Badge may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who hold principal assignments as observers, medical aidmen, gunners, maintenance supervisors or technical inspectors.

13. Army Regulation 611-201 (Enlisted Career Management and MOS’s) shows that the Special Qualification Indicator, [which is shown as a suffix to the MOS number] “F” indicates “Flying Status” and applies to individuals whose duties require frequent repetitive aerial flights.

CONCLUSIONS:

1. The applicant is authorized award of one Meritorious Unit Commendation and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2. The evidence of record shows that he served during six not three campaigns. He is therefore entitled to wear one silver service star and one bronze service star on his Vietnam Service Medal.

3. Orders indicate his weapons qualification level was expert with the M-16 rifle and sharpshooter with the M-14 rifle.

4. Therefore, his records should be corrected to include his award of one silver service star and one bronze service star for wear on the Vietnam Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the Sharpshooter Badge with Rifle Bar.

5. There is insufficient evidence to show that he was in a flight status or that he was authorized any aviation related badges or insignia.

6. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that his awards also include one silver service star and one bronze service star for wear on the Vietnam Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the Sharpshooter Badge with Rifle Bar.

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


BOARD VOTE:

_RJW____ _LDS___ ___MJT_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner___
                  CHAIRPERSON



INDEX

CASE ID AR2003085724
SUFFIX
RECON
DATE BOARDED 20031028
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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