PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 August 2000                  
	DOCKET NUMBER:   AR2000038117

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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) to show award of the Bronze Star Medal and the Air Medal. 

3.  The applicant states that he earned these two awards while he was in Vietnam from November 1968 through November 1969, but they were omitted from his DD Form 214.  He states that a captain, an executive officer, medical doctors and other peers were awarded such recognition on their DD Forms 214, but his DD Form 214 was not included.  He also states that he has waited for almost 30 years and no action has been taken.  He further states that while he was at Fort Benning, he met with Vietnam members of the same unit and was informed of such awards given to unit members.  In addition, he states that other proof of his air and ground involvement is in his PULHES Profile that shows a “3” in hearing.  Finally, he states that he receives 50% compensation for hearing loss which is service-connected.  In support of his application, he submits a personal letter, a newspaper article, a copy of his DD Form 214, a Certificate of Achievement, a copy of his DA Form 66 (Officer Qualification Record), two copies of reassignment orders and a copy of his Honorable Discharge Certificate.

4.  The applicant’s military records show that he enlisted in the U.S. Army Reserve on 18 August 1965.  On 28 December 1967, he was commissioned as a second lieutenant (2LT) in the Medical Service Corps.  He was ordered to active duty on 8 January 1968 and served in Vietnam from 11 November 1968 through 10 November 1969.  The applicant was honorably released from active duty as a captain on 7 January 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal or the Air Medal as authorized awards.  

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  His DA Form 66 (Officer Qualification Record) does not show any entry in item 21 (Awards and Decorations) for award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

7.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

8.  The Board noted that the applicant was eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation (First Oak Leaf Cluster) and the Vietnam Service Medal with four bronze service stars which are not shown on his DD Form 214. 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  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 15 February 1969 to 31 August 1969 by Department of the Army General Orders Number 53, dated 1970.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 May 1969 to 30 April 1970 by Department of the Army General Orders Number 2, dated 1971.

11.  The applicant’s DA Form 66 (Officer Qualification Record) shows he received credit for participation in the Vietnam Counteroffensive, Phase VI and the Tet 69 Counteroffensive in item 22 (Campaigns).  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Vietnam Summer-Fall and the Vietnam Winter-Spring campaigns during his tour in Vietnam. 

12.  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.

13.  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.

14.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  

15.  Army Regulation 600-8-22, in pertinent part, 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 bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the applicant is not entitled to award of the Bronze Star Medal.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The units to which the applicant were assigned during his tour in Vietnam was cited twice for award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation (First Oak Leaf Cluster).

5.  Evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam.  Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

6.  In view of the foregoing findings and conclusions, it would 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 the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation (First Oak Leaf Cluster) and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:  

SK______  JEA_____  REB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038117	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808 D	
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.	107.0014	
2.	107.0018	
3.		
4.		
5.		
6.