PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 October 2000                 
	DOCKET NUMBER:   AR2000044059

	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. Margaret K. Patterson 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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) to show award of the Army Commendation Medal with “V” Device, a Valorous Unit Award, the Presidential Unit Citation, the Naval Unit Award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Expert Marksmanship Qualification Badge with Machinegun Bar.    

3.  The Board notes the applicant’s request to change “ACB” to “ACV” in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.  The Board also notes the orders for the Army Commendation Medal with “V” Device the applicant provided to support this request.  However, the acronym for Aircraft Crewman Badge is “ACB” and does not pertain to the Army Commendation Medal with “V” Device.  The applicant’s records show he was awarded the Aircraft Crewman Badge on 28 September 1966; thus, this badge should be shown in item 24 on his DD Form 214.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.   

4.  The applicant states, in effect, that his primary weapon was M-60 and that he was an M-60 door gunner for more than 2 years in Vietnam.  He contends that the M-14 and M-16 were his backup guns and that his records do not show the Expert M-60.  In support of his application, he submits a copy of his DD Form 214, an excerpt from Unit Decorations for unit citations awarded to the 
71st Aviation Company, and orders for the Army Commendation Medal with “V” Device.

5.  The applicant’s military records show that he enlisted on 25 January 1966.  He served as a crew chief in Vietnam from 30 August 1966 through 31 October 1968 and was honorably released on 4 November 1968. 

6.  The applicant’s DD Form 214 does not show the Army Commendation Medal with “V” Device, a Valorous Unit Award, the Presidential Unit Citation, the Naval Unit Award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Expert Marksmanship Qualification Badge with Machinegun Bar as authorized awards.      

7.  Headquarters 1st Aviation Brigade General Orders Number 8278, dated
16 December 1968, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 27 September 1968 in Vietnam. 

8.  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 13-19 August 1967 by Department of the Army General Orders Number 37, dated 1970.  While the applicant was still assigned to the 71st Aviation Company, the unit was cited for a second award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1970, for actions on 12 May 1968. 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 71st Aviation Company was not cited for award of the Presidential Unit Citation while the applicant was assigned to it.   

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 Naval Unit Award of the Presidential Unit Citation for actions during the period 18 to 26 May 1967.
 
11.  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 22, dated 1968.

12.  There is no evidence in the applicant’s personnel records which shows that he was qualified for or awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.  The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal with “V” Device and the Valorous Unit Award (First Oak Leaf Cluster).  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows his unit was cited for the Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this award.  

3.  The applicant was awarded the Naval Unit Award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.    
 
4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was qualified for or awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this badge.

5.  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 the Army Commendation Medal with “V” Device, the Valorous Unit Award (First Oak Leaf Cluster), the Naval Unit Award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

MKP____  ESC_____  JTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044059	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681104	
DISCHARGE AUTHORITY	AR 635-200  Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0033	
3.	107.0031	
4.	107.0094	
5.	107.0110	
6.