PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:           18 August 1999   
	DOCKET NUMBER:   AR1999016800

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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 various awards be added to his DD Form 214, to include the Combat Infantryman Badge, the Parachutist Badge, the Army Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class, and the Vietnam Service Medal with one silver service star.  He also requests, in effect, that he be awarded the air medal to denote participation in air assaults.    

3.  The applicant states that he was in Vietnam from February 1968 to July 1968, and again from April 1969 to April 1970 and participated in more than 25 air assaults.  He served for more than 5 years in the Army and should have received at least one Good Conduct Medal.  Also, he was airborne qualified and should have receive the Parachutist Badge.

4,  The applicant’s military records show that he served in the Army from           27 July 1967 until his release from active duty with an honorable characterization of service in the rank of Sergeant on 11 April 1970.  His DD Form 214 and orders in his record shows service in Vietnam from 14 February 1968 to 10 July 1968 with Company A, 1st Battalion (Airborne), 505th Infantry, a unit of the 3d Brigade,  82nd Airborne Division; and from 30 April 1969 to 6 April 1970, first with  Company C, 4th Battalion (M), 23d Infantry, a 25th Infantry Division unit, and then with Company F, 75th Infantry.  He was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Qualification Badge with rifle bar.  That form was corrected on 26 March 1971 to show award of the Purple Heart, the Bronze Star Medal with V device and first oak leaf cluster.      

4.  The applicant reenlisted for four years on 6 January 1971 and was released early on 5 October 1973 to serve one year in a Reserve unit.  His character of service was honorable.  His DD Form 214 does not show any awards.

5.  The units in which he served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He participated in six campaigns during his two Vietnam tours of duty.  

6.  In addition to those awards depicted on his DD Form 214, his records show award of the Sharpshooter Qualification Badge with machine gun bar on           29  November 1967, the Parachutist Badge on 17 January 1968, and the Combat Infantryman Badge on 11 April 1968.  He was also awarded the Expert Qualification Badge with rifle bar on 12 April 1971, during his second enlistment.

7.  The applicant’s records do not indicate participation in any air assaults nor award of the air medal or a recommendation for that award.  His records also do not show award of or a recommendation for award of the Good Conduct Medal.  

8.  The 4th Battalion, 23d Infantry was awarded the Valorous Unit Award for the period 26-28 May 1968, and again for the period 27 August to 31 October 1968.  The applicant was not assigned to that unit during either of those periods.    

9.  Army Regulation 600-8-22 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. 

10.  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.  

CONCLUSIONS:

1.  The applicant was awarded the Sharpshooter Qualification Badge with machine gun bar, the Parachutist Badge, the Combat Infantryman Badge, and the Expert Qualification Badge with rifle bar.  Those awards should be shown on his DD Form 214.

2.  The applicant participated in six campaigns during his two tours in Vietnam.  His DD Form 214 should reflect award of the Vietnam Service Medal with one silver service star (denoting participation in five campaigns), and one bronze service star (denoting participation in one campaign).

3.  The applicant served in units during the period when those units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Those awards should be shown on his DD Form 214.  

4.  The applicant served his country honorably and faithfully.  He should be awarded the Army Good Conduct Medal for his service from 27 July 1967 through 11 April 1970.  That award should be reflected on his DD Form 214.  

5.  There is no evidence that the applicant participated in air assaults during his tours in Vietnam.  Consequently, he is not entitled to award of the Air Medal.

6.  The applicant was not assigned to the 4th Battalion, 23d Infantry, during any of the periods in which it was awarded the Valorous Unit Award.  He is not entitled to that award.
7.  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 by showing that the applicant was awarded the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with one silver service star and one bronze service star, the Sharpshooter Qualification Badge with machine gun bar, the Parachutist Badge, the Combat Infantryman Badge, and the Expert Qualification Badge with rifle bar.  

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

BOARD VOTE:  

___rvo__  ___ew___  __svw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.