PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003088816


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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, in effect, that the already-awarded Army Commendation Medal, with "V" Device, and his nine Air Medals, including one with a "V" Device, be added to his DD Form 214, Report of Transfer or Discharge.

3. The applicant states, in effect, that these awards are not shown on his DD Form 214.

4. In support of his application, the applicant provided a copy of his
DD Form 214, copies of two general orders, four awards certificates, and two citations, related to the awards that he requests be added to his separation document.

5. The applicant’s military records show that he was inducted into the Army on 4 January 1968. He completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Jackson, South Carolina, and was awarded the military occupational specialty (MOS), 64A (Light Vehicle Driver).

6. The applicant was assigned to and arrived in Vietnam on 12 June 1968. He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment. The applicant applied for and was given approval for a voluntary extension of his foreign service tour in Vietnam on 22 May 1969. He remained assigned to the 11th Armored Cavalry Regiment until his return to the United States on 8 August 1969.

7. The applicant was honorably released from active duty, on 9 August 1969, in the rank and pay grade of Specialist 4, E-4, with 1 year, 7 months, and 6 days active Federal military service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal during his Army service. The Air Medals, to include the one with a "V" Device, and the Army Commendation Medal, with "V" Device, are not shown among his authorized awards.

8. The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, by Special Orders Number 55, paragraph 19, published by Headquarters, US Army Training Center, Armor, Fort Knox, Kentucky, dated 24 February 1968. This badge is not shown on his separation document.

9. The applicant was given a flight physical examination on 4 February 1969. According to the DA Form 2496-1, Disposition Form, Subject: Request for Flight Physical, dated 4 February 1969, the applicant had been performing duties of a

---

door gunner for 1 week. The regimental surgeon certified the applicant to perform duty as an aerial gunner on 8 February 1969.

10. On 19 February 1969, Special Orders Number 50, paragraph 2, were published by Headquarters, US Army Vietnam, assigning the applicant to non-crewmember, non-aviator flight status. In the request for publication of orders, the applicant was identified as performing duties as door gunner and required to fly an average of 50 hours per month.

11. A copy of the applicant's flight record is not available in the applicant's service personnel records for review by the Board.

12. The applicant provided a copy of an awards certificate dated 7 September 1969 awarding him the Air Medal, for meritorious achievement, while participating in aerial flight, in the Republic of Vietnam, during the period 30 January 1969 to 4 March 1969. The applicant provided no orders nor was any order found in the applicant's service personnel record to substantiate the certificate.

13. On 25 October 1969, the applicant was awarded the Air Medal (Second through Ninth Awards), for meritorious achievement, while participating in aerial flight, in the Republic of Vietnam, during the period 5 March 1969 to 24 June 1969. The applicant provided no orders nor was any order found in the applicant's service personnel records to substantiate the certificate.

14. The applicant was awarded the Air Medal with "V" Device (Second Award), for heroism, while participating in aerial flight, in the Republic of Vietnam, on 25 July 1969, by General Orders Number 3292, paragraph 1, published by Headquarters, II Field Force Vietnam, dated 25 October 1969. This award is not shown in Block 24 of his DD Form 214.

15. The applicant was awarded the Army Commendation Medal, with "V" Device, for heroism, in conjunction with military operations against a hostile force, on 19 June 1969, by General Orders Number 3519, paragraph 1, published by Headquarters, II Field Force Vietnam, dated 29 October 1969. This award is not shown on his DD Form 214.

16. During his tour of duty in the Republic of Vietnam, the applicant participated in four campaigns: the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from

---

23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

17. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

18. This same regulation also 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.

19. The regulation further provides for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation's Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

20. Army Regulation 670-1, in pertinent part, states that the Republic of Vietnam Gallantry Cross with Palm Unit Citation is authorized for permanent wear by individuals who were assigned and present for duty with a unit during the period cited for at least 30 consecutive days of the period cited.

21. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit to which the applicant was assigned to while he was in Vietnam, Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 7 September 1966 through 10 August 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1970 and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 May 1969 through 15 February 1970 by DAGO Number 50, dated 1971.

CONCLUSIONS:

1. The applicant was awarded the Army Commendation Medal, with a "V" Device, for heroism, in conjunction with military operations against a hostile force on 19 June 1969, in the Republic of Vietnam. This award is not shown on his separation document and it would be appropriate to add it at this time.

2. The applicant provided a copy of an awards certificate dated 7 September 1969 awarding him the Air Medal, for meritorious achievement, while participating in aerial flight, in the Republic of Vietnam, during the period 30 January 1969 to 4 March 1969. The applicant provided no orders nor was any order found in the applicant's service personnel record to substantiate the certificate. LTG Ewell, was the known commander, II Field Forces, at the time the award was made. The certificate bears his signature, and in the absence of orders, there is sufficient evidence to deem that the certificate is valid. It would therefore be appropriate to add this award to the applicant's DD Form 214 at this time.

3. The applicant was awarded the Air Medal, with "V" Device (Second Award), for heroism, while participating in aerial flight, in the Republic of Vietnam, on 25 July 1969. This award is not shown on his DD Form 214 and it would be appropriate to add it to this document at this time.

4. The applicant provided a copy of an awards certificate, dated 25 October 1969, awarding the applicant the Air Medal, (Second through Ninth Awards), for meritorious achievement, while participating in aerial flight in the Republic of Vietnam, during the period 5 March 1969 to 24 June 1969. The applicant provided no orders, nor was any order found, in the applicant's service personnel record to substantiate the certificate. The certificate bears the signature of Lieutenant General Ewell, the Commander, II Field Forces, at the time the award was made.

5. There is no evidence of any indiscipline or that any of his unit commanders disqualified him for award of the Army Good Conduct Medal. The applicant was awarded the Army Commendation Medal, with "V" Device, for heroism, and nine awards of the Air Medal, including one with a "V" Device, for his actions in connection with military operations against a hostile force in the Republic of Vietnam. There is no record of any lost time during his Army service. It is the Board’s feeling that he was not awarded the Good Conduct Medal due to administrative oversight and he is therefore entitled to this award for the period 4 January 1968 through 9 August 1969 and to have this award shown on his DD Form 214.

6. The applicant served in a unit during his tour of duty in the RVN that was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He is therefore entitled to have these unit awards added to his DD Form 214.

7. Each of the above already-awarded awards and unit citations were not announced officially in orders until after the applicant had departed Vietnam and had been released from active duty,

8. The applicant was present and participated in four campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

9. The applicant qualified expert with the M-14 Rifle. This qualification badge is not shown on his DD Form 214 and it should be added to this document at this time.

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

RECOMMENDATION:

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

         a. awarding the applicant the Good Conduct Medal for the period 4 January 1968 through 9 August 1969 and having this award shown on his DD Form 214;

         b. awarding the applicant two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and having these awards shown on his separation document; and

         c. adding the already-awarded Air Medal; the Air Medal, with "V" Device; the Air Medal with numeral 9 and with "V" Device; the Army Commendation Medal, with "V" Device; and the Expert Marksmanship Qualification Badge with Rifle Bar to the applicant's DD Form 214.

BOARD VOTE:

___gw___ ___fe ___ __au____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003088816
SUFFIX
RECON
DATE BOARDED	2003/11/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 64	107.0018
3. 66	107.0020
4.
5.
6.