PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 December 1999                   
	DOCKET NUMBER:   AR1999028977

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		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 correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 28 June 1971 to show award of the Army Commendation Medal (ARCOM), three additional awards of the Air Medal (correctly known as the Air Medal with numeral “4”) and a personal award of the Vietnam Cross of Gallantry. 

3.  The applicant states, in effect, that he was given an ARCOM, that he logged over 400 hours of combat flying and that he was recommended for the Vietnam Cross of Gallantry for action on 4 February 1970 when he became eligible for the Purple Heart.

4.  The applicant’s military records show that he enlisted in the Regular Army on 1 October 1968 for a period of 2 years.  He trained as a pioneer and was honorably discharged on 25 August 1969 to accept a commission.  He was commissioned a second lieutenant in the USAR and entered active duty on
26 August 1969.  The applicant served in Vietnam from 2 October 1969 through 1 October 1970 and was honorably discharged in the rank of first lieutenant on 28 June 1971.

5.  The applicant’s DD Form 214 with an effective date of 28 June 1971, which was authenticated in his own hand, does not show the ARCOM, the Air Medal with numeral “4” or the Vietnam Cross of Gallantry.  The DD Form 214 does show the Air Medal as an authorized award. 

6.  The applicant’s personnel records do not show that he was recommended for or awarded the ARCOM.  

7.  The applicant’s records contain orders awarding him the Air Medal for the period 25 November 1969 to 22 January 1970.  There are no other orders for additional awards of the Air Medal and there are no flight hours recorded in the applicant’s personnel records.

8.  The applicant’s records do not contain any evidence that he was recommended for or awarded a personal award of the Vietnam Cross of Gallantry for his actions on 4 February 1970.  There are no orders promulgated by the Government of Vietnam awarding him the Vietnam Cross of Gallantry as a personal decoration and there is no approval to receive or wear this foreign award by Headquarters, U.S. Army Vietnam.

9.  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 Vietnam Cross of Gallantry with Palm Unit Citation for the period 29 June 1970 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973.  This document also shows his unit was cited for award of the Vietnam Civil Actions Honor Medal First Class by Department of the Army General Order Number 51, 1971.  These awards are not shown on his DD Form 214 with an effective date of 28 June 1971.    

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

CONCLUSIONS:

1.  Although the applicant contends that he was given an ARCOM, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the ARCOM.  Therefore, he is not entitled to this award.  

2.  Notwithstanding the applicant’s contention that he logged over 400 hours of combat flying time, there is no evidence available to the Board, and the applicant has provided no evidence to support this contention.  Evidence of record shows he was awarded the Air Medal.  There is no evidence he was recommended for, awarded, or otherwise qualified for additional awards of the Air Medal.  Therefore, he is not entitled to three additional awards of the Air Medal.     

3.  The Board noted the applicant’s contention that he was recommended for the Vietnam Cross of Gallantry for actions on 4 February 1970.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded a personal award of the Vietnam Cross of Gallantry.  Therefore, he is not entitled to correction of his DD Form 214 with an effective date of 28 June 1971 to show this award.   

4.  The applicant’s unit was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 28 June 1971 to show these awards. 

5.  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 Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class.

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

BOARD VOTE:  

TNK____  EB______  MDM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas N. Kuhn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028977	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710628	
DISCHARGE AUTHORITY	AR 635-100 Section XIV	
DISCHARGE REASON	Expiration of Active Duty Commitment	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0018	
3.	107.0094	
4.		
5.		
6.