PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           31 March 2000
	DOCKET NUMBER:   AR1999029292

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 or Discharge) be corrected to show all awards and decorations to which he is entitled.  

3.  The applicant states that when he left Vietnam, he took whatever documents the Army gave him and went home.  He put away everything that reminded him of Vietnam.  In January 1999, he presented to the VA for help dealing with post traumatic stress disorder.  During the interview process, it was pointed out that there were serious omissions on his DD Form 214.  The omissions are critical to him as the discharge fails to conform to the truth or fact.

4.  In support of his request, the applicant submits copies of his Bronze Star Medal award certificate, orders awarding him the Air Medal on two separate occasions, marksmanship orders from basic training, his DA Form 20 (Enlisted Qualification  Record), and his DD Form 214.

5.  The applicant’s military records show that he was inducted on 16 January 1969 and completed basic and advanced infantry training.  In June 1969, he was assigned to Vietnam as an infantryman with the 1st Battalion, 28th Infantry, an element of the 1st Infantry Division.

6.  On 19 July 1969, special orders were published by Headquarters, 1st Infantry Division, awarding the applicant the Combat Infantryman Badge.  During his assignment with the 1st Infantry Division, orders were also published awarding him the Army Commendation Medal and the Air Medal.

7.  On 4 March 1970, the applicant was reassigned to the 1st Cavalry Division as a result of Phase III troop reduction.  His initial assignment was with the 
2d Battalion, 8th Cavalry, as an infantryman.  On 16 May 1970, he was reassigned to the 229th Aviation Battalion for duty as a door gunner.  

8.  On 14 April 1970, general orders were published by Headquarters, 
1st Cavalry Division, awarding the applicant a second Air Medal.  During his tour with the 1st Cavalry Division, orders were also published awarding him the Bronze Star Medal for meritorious service.

9.  On 21 August 1970, the applicant was separated from active duty with an honorable characterization of service.  His DD Form 214 shows his authorized awards and decorations as National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Air Medal.

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. 

11.  The Army regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member’s Badge.  The commander of any unit with Army aircraft assigned was authorized to publish orders allowing qualified members of that command to wear the badge.  To be eligible for temporary award of the Aircraft Crew Member’s Badge, an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers; or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  These personnel are authorized to wear the badge until relieved from these duties or fulfilled the mandatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crew Member’s Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized service stars will be worn on the appropriate service medal.

13.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations, including the Presidential Unit Citation and Meritorious Unit Citation.  The organizations to which the applicant was assigned in Vietnam were awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal during the periods of his assignment.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Bronze Star Medal, a second Air Medal, the Combat Infantryman Badge, and the Expert Marksmanship Badge with rifle bar.

2.  The applicant met the qualifications for award of the Good Conduct Medal.

3.  The applicant did not serve 12 consecutive months as a door gunner, and is therefore not entitled to permanent award of the Aircraft Crew Member’s Badge.

4.  The applicant served under four campaigns during his service in Vietnam and is entitled to three Bronze Service Stars with his Vietnam Service Medal.

5.  The applicant is entitled to the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Action Honor Medal based on the units to which he was assigned while serving in Vietnam.

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 by:

     a.  awarding the applicant the Good Conduct Medal for the period 16 January 1969 through 21 August 1970; and

    b.  correcting the applicant’s DD Form 214 to add the following awards:  Bronze Star Medal, Combat Infantryman Badge, Air Medal (second award), three Bronze Service Stars with his Vietnam Service Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm, Republic of Vietnam Civil Action Honor Medal, and Expert Badge with Rifle Bar.

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

BOARD VOTE:  

__jev___  ___sk____  __jpi____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __James E. Vick___
		        CHAIRPERSON

INDEX

CASE ID	AR1999029292	
SUFFIX		
RECON		
DATE BOARDED	20000531	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.