PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2000                  
	DOCKET NUMBER:   AR2000043075

	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. Gerald E. Vandenberg		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 reconsideration of his application to correct his records by showing that he was awarded the Bronze Star Medal, the Purple Heart with two Oak Leaf Clusters, the Vietnamese Cross of Gallantry with Bronze Star, the Vietnam Campaign Medal, the Presidential Unit Citation and an unspecified number of additional Air Medals. 

3.  The applicant states, in effect, that the documents he submits show his entitlement to the above awards and decorations and he requests that his Certificate of Release or Discharge From Active Duty (DD Form 214) be corrected to show these items.

4.  The Memorandum of Consideration reflecting the Board’s 28 October 1999 review of the case (AR1999023433) is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a copy of the orders assigning him to the 7th Brigade, 17th Cavalry (7/17 Air Cav) on 8 June 1969.  Also submitted is a copy of a Republic of Vietnam Army document showing award of “the Medal of Bravery” for several US soldiers.  The Board obtained a literal translation of this document that shows that the applicant was cited, “before the Brigade”, for bravery meriting the “Bronze Star”.  This award is interrupted to be an individual award of the Vietnam Cross of Gallantry with Bronze Star.

6.  These documents were not previously available to the Board and constitute new evidence that requires Board review.

7.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross Unit Citation Badge with Palm to all members of Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

8.  The Vietnamese government awarded the Vietnam Gallantry Cross to individual soldiers for valorous combat achievement.  It is awarded in four degrees: (1) with Palm - to an individual who is cited before the Armed Forces; (2) with Gold Star - to an individual who is cited before a corps; (3) with Silver Star - to an individual who is cited before a division; or (4) with Bronze Star - to an individual who is cited before a regiment or brigade.

9.  The Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the U.S. armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

CONCLUSIONS:

1. The applicant has submitted no evidence to show he was wounded a third time, that he was recommended for or awarded the Bronze Star Medal, that he was assigned to a unit at the time it was awarded the Presidential Unit Citation or that he had additional participation in aerial flight beyond that already granted him by the prior Board decision.

2.  The record shows that the applicant is entitled to the receipt of the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Bronze Star.

3.  The Board notes that several decorations listed on the applicant’s original DD Form 214 were omitted from the Correction to the DD Form 214 (DD Form 215) issued following the last Board action.  It is therefore appropriate to issue the applicant a new DD Form 214 to show all corrections in his awards and decorations. 

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by voiding the DD Form 214 issued on 2 March 1970.

2.  That he be issued a new DD Form 214, dated 2 March 1970, which includes all of his medals and decorations as follows:

a.  Purple Heart with one Oak Leaf Cluster; 

b.  Air Medal with Numeral 8; 

c. Army Commendation Medal with one Oak Leaf Cluster and “V” device;

d.  National Defense Service Medal;

e.  Vietnam Service Medal with four Bronze Service Stars;

f.  Republic of Vietnam Campaign Medal;

g.  Combat Infantryman Badge;

h.  Parachutist Badge;
i.  Aircraft Crewman Badge;

j.  Expert Marksmanship Badge with Rifle Bar and, 

k.  Republic of Vietnam Gallantry Cross with Bronze Star;

l.  Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

__FNE__   _LEM __  __HBO_ _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043075	
SUFFIX		
RECON	 	
DATE BOARDED	20001012 	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.