PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            17 August 2000    
	DOCKET NUMBER:   AR2000036815

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 14 December 1979 to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Silver Star with “V” Device, three awards of the Bronze Star Medal with “V” Device (correctly known as the Bronze Star Medal (Second Oak Leaf Cluster)) with “V” Device, the Purple Heart and 52 awards of the Air Medal (correctly known as the Air Medal with Numeral 52). 

3.  With regard to the applicant’s request for two awards of the Silver Star with “V” Device, the Board notes that Army Regulation 600-8-22 (Military Awards) provides that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and does not authorize the bronze “V” device in conjunction with award of the Silver Star.  Therefore, the Board will address his request as two awards of the Silver Star (correctly known as the Silver Star (First Oak Leaf Cluster)).    

4.  The applicant states that these awards are not shown on his DD Form 214.  He also contends that he flew 3400 hours of combat assaults in Vietnam.  In support of his application, he submits VA Form 21-4138 (Statement in Support of Claim), dated 11 January 2000; a copy of his DD Form 214 with an effective date of 14 December 1979 and a letter from the Veterans Assistance Commission in Geneva, Illinois, dated 12 January 2000.   

5.  The applicant’s military records show that he enlisted on 10 January 1967.  He served as a helicopter crew chief in Vietnam from 25 March 1968 through
7 April 1970.  The applicant served his second tour in Vietnam as a helicopter technician inspector from 18 February 1972 through 17 February 1973.  On 
14 December 1979 the applicant was permanently retired by reason of physical disability.    

6.  The applicant’s DD Form 214 with an effective date of 14 December 1979 does not show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Silver Star (First Oak Leaf Cluster), the Bronze Star Medal (Second Oak Leaf Cluster) with “V” Device, the Purple Heart or the Air Medal with Numeral 52 as authorized awards.  The Board notes that the DD Form 214 does show the Bronze Star Medal and the Air Medal as authorized awards. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969; and Army General Orders Number 2, dated 1971.

8.  There is no evidence in the applicant’s records which shows he was recommended for or received any awards of the Silver Star.
9.   There is no evidence in the applicant’s records which shows that he was recommended for or received any awards of the Bronze Star Medal with “V” Device.

10.  There are no orders in the applicant’s records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 
20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

11.  1st Aviation Brigade General Orders Number 7237, dated 24 October 1968, show the applicant was awarded the Air Medal for the period 19 May 1968 to 
31 May 1968.  This award is shown on his discharge document. 

12.  There are no other orders in the applicant’s records which show additional awards of the Air Medal.  There are no flight hours recorded in the applicant‘s records.  

13.  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 Valorous Unit Award for actions on 12 May 1968 by Department of the Army General Orders Number 43, dated 1970.  This award is not shown on his discharge document. 

14.  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 Meritorious Unit Commendation for actions during the period 1 August 1971 to 15 September 1972 by Department of the Army General Orders Number 32, dated 1973.  This award is not shown on his discharge document.    

15.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Silver Star.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

19.  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.  Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

CONCLUSIONS:

1.  The applicant’s units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, the applicant is entitled to correction of his DD Form 214 to show both awards but only one award is authorized for wear.

2.  Although the applicant contends that he is entitled to two awards of the Silver Star, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received any awards of the Silver Star.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Silver Star (First Oak Leaf Cluster).   

3.  Notwithstanding the applicant’s contention that he received three awards of the Bronze Star Medal with “V” Device, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received any awards of the Bronze Star Medal with “V” Device.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal (Second Oak Leaf Cluster) with “V” Device.    

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

5.  The Board noted the applicant’s contention that he flew 3400 hours of combat assaults in Vietnam and is entitled to 52 awards of the Air Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  Evidence of record shows the applicant was awarded one Air Medal and his discharge document properly reflects this award.  Therefore, he is not entitled to correction of his DD Form 214 to show any additional awards of the Air Medal.

6.  The applicant’s units were also cited for the Valorous Unit Award and the Meritorious Unit Commendation while he was assigned to them.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  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 two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award and the Meritorious Unit Commendation. 

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

BOARD VOTE:  

SVW____  MHM____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Sherri V. Ward_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036815	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19791214	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0094	
2.	107.0033	
3.	107.0034	
4.	107.0007	
5.	107.0014	
6.	107.0018