PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003085998


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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 a second award of the Air Medal (AM) and that his report of separation (DD Form 214) be corrected to reflect two awards of the Bronze Star Medal (BSM), his award of the Purple Heart, his attendance at the Noncommissioned Officer (NCO) Combat Leaders Course and his completion of the General Educational Development (GED) test.

3. The applicant states, in effect, that he was awarded two awards of the BSM and only one is reflected on his DD Form 214. He was also awarded a Purple Heart that is not reflected on his DD Form 214. He continues by stating that he was awarded an AM; however, he believes that he should have received two awards of the AM because he participated in 80 missions. He also states that his DD Form 214 does not reflect his attendance at the NCO Combat Leaders course or his completion of the High School GED test.

4. The applicant’s military records show that he was inducted on 6 December 1967. He completed his basic combat training at Fort Lewis, Washington, and his advanced individual training (AIT) at Fort Polk, Louisiana. Upon completion of his AIT he was transferred first to Fort Benning, Georgia, and then to Fort Ord, California to attend the NCO Combat Leadership Course. His records do not contain any documents related to the duration or completion of the course. While at Fort Ord, he completed the high school level GED requirements. He was promoted to the pay grade of E-5 on 20 August 1968 and remained at Fort Ord in a temporary duty (TDY) status until he was transferred to Vietnam on 28 November 1968. He was assigned to the Air Cavalry Troop of the 11^th Armored Cavalry Regiment for duty as a light weapons infantryman.

5. He was awarded the BSM with "V" Device for heroism in action against the enemy on 18 February and 24 February 1969. The citation for his second award of the BSM with "V" Device indicates that he was also wounded during the 24 February engagement. He was medically evacuated to Japan, where he was treated and returned to his unit. He was awarded the Purple Heart for his wounds on 25 February 1969, by the 2^nd Surgical Hospital.

6. He was awarded the AM on 22 October 1969, for the period of 15 April to 20 September 1969. A review of his records fails to show how many missions or flight hours the applicant logged.

7. He departed Vietnam on 26 November 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 1 December 1969. He had served 1 year, 11 months and 26 days of total active service and the DD Form 214 issued to him at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the BSM with "V" Device, the Good Conduct Medal, the Republic of Vietnam Campaign Medal, the AM and the Army Commendation Medal. His DD Form 214 shows no military education courses completed and makes no mention of his completion of his high school GED completion. His DD Form 214 shows that he completed 9 years of civilian education.

8. Army Regulation 672-5-1, in effect at the time, prescribed the criteria for award of the Air Medal. It states, in pertinent part, that award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their duties. However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status. These individuals must make a discernible contribution to the operational land combat mission or the mission of the aircraft in flight. On 21 September 1968, The Secretary of the Army approved a change to the regulation which authorized the wear of numerals in lieu of oak leaf clusters. That regulation also provides that one bronze service star for each campaign an individual participates in is authorized for wear on the VSM. One silver service star is worn in lieu of five bronze service stars.

9. United States Army – Vietnam (USARV) Regulation 672-1 prescribed the criteria for award of the AM to soldiers in Vietnam for sustained operations. That regulation categorized missions into three categories (I, II, and III). Category I missions accrued a minimum of 25 missions or flight hours in order to be awarded the AM. Category II missions accrued a minimum of 50 missions or flight hours and Category III missions accrued a minimum of 100 missions or flight hours for each award of the AM.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with the unit. Additionally, he participated in five campaigns during his assignment to Vietnam.

11. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that only non-combat arms related courses that are at least 40 hours or more in duration will be entered on the DD Form 214.
CONCLUSIONS:

1. Although the applicant was awarded the AM, the available records do not indicate how many missions or combat flight hours he participated in. Accordingly, without evidence to substantiate either, the Board has no basis in which to determine if he was authorized additional awards of the AM.

2. However, the evidence of record does show that he was in fact awarded the Purple Heart and the BSM w/"V" Device 1^st OLC. Accordingly, his records should be corrected to reflect those awards.

3. The Board has noted the applicant's contention that his attendance at the NCO Combat Leaders Course should be reflected on his DD Form 214. While his records do reflect that he attended the course, it does not indicate the duration of the course or if he completed the course. Additionally, the applicable regulation prohibits the entry of combat arms related courses on the DD Form 214. Therefore, the absence of that course is appropriate and there is no basis to enter it at this time.

4. The applicant's contention that his DD Form 214 should reflect that he completed his high school GED has merit. He did in fact complete his GED and an administrative oversight resulted in his DD Form 214 reflecting only 9 years of civilian education. Accordingly, it would be in the interest of justice to correct it at this time.

5. The Board also notes that the applicant should have been awarded the RVNGC w/Palm Unit Citation and one silver service star for wear on his already awarded VSM. Therefore, the Board directs that it be issued at this time and that all appropriate corrections be made to his records.

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

RECOMMENDATION:

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

a. by showing that the individual concerned was awarded the Purple Heart and the BSM w/ "V" Device 1^st OLC (vice Bronze Star (V DEV) as currently reflected.)

b. by awarding him the RVNGC w/Palm Unit Citation and one silver service star for wear on his already awarded VSM; and
c. by showing in block 30 (Remarks) of the DD Form 214 that he completed his High School GED instead of the 9 years of civilian education currently reflected.


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

BOARD VOTE:

___fcj ___ __wdp __ __tsk____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Ted S. Kanamine____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085998
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/08/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/CORR 214
2. 61	107.0015/PH
3. 64	107.0018/AM
4. 140	107.0094/RVNGC
5. 60	107.0014/BSM
6.