PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 July 2000
	DOCKET NUMBER:   AR2000038575

	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	
	Mr. Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 records be corrected to reflect awards of the Bronze Star Medal (BSM), the Air Medal (AM), and the AM with “V” device for valor.

3.  The applicant states, in effect, that his records do not correctly reflect that he was awarded the BSM, the AM, and the AM with “V” device.  In support of his application he submits copies of orders awarding him the AM and the AM with “V” device.  His counsel requests that a favorable decision be made in favor of the applicant’s request. 

4.  The applicant’s military records show that he enlisted in Knoxville, Tennessee on 4 April 1967 for a period of 3 years.  He successfully completed his training and was transferred to Fort Campbell, Kentucky for duty as an infantryman.  He remained at Fort Campbell until 13 December 1967 when he was transferred to Vietnam with his unit.  He served in Vietnam until 8 December 1968 when he was transferred to Fort Bragg, North Carolina.

5.  He remained at Fort Bragg until he was honorably released from active duty (REFRAD) on 23 July 1970 and was transferred to the USAR Control Group (Reinforcement).  The report of separation (DD Form 214) issued to the applicant at the time of his REFRAD shows that he was awarded the Combat Infantryman Badge, the Purple Heart, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal for his service in Vietnam.

6.  The orders provided by the applicant shows that he was awarded the AM for meritorious achievement while participating in aerial flight on 21 April 1968 and the AM with “V’ device for heroism while participating in aerial flight as a door gunner on 17 November 1968.  There is no evidence to show that the orders were ever made a part of his official records.

7.  A review of his records failed to show that the applicant was ever recommended for or awarded the BSM for his service in Vietnam.

8.  Army Regulation 600-8-22 serves as the authority for award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished him or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in enemy operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was awarded the AM and the AM with “V” device during his tour in Vietnam.  However, an administrative error resulted in the awards not being included or reflected in his record of service.  Accordingly, it would be in the interest of justice to do so at this time.

2.  However, the applicant has not provided and the evidence of record does not contain any indication that he was either recommended for or awarded the BSM for his service in Vietnam.  Therefore, there is no basis to do so at this time. 

3.  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 individual concerned was awarded the AM and the AM with “V” device.

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

BOARD VOTE:  

___ra ___  ___js ___  __rjw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038575	
SUFFIX		
RECON		
DATE BOARDED	2000/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.