PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           14 March 2002                   
	DOCKET NUMBER:   AR2001057991

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Roger W. 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, in effect, that his records be corrected to show that he was awarded the Bronze Star Medal (BSM) and all awards due him.

3.  The applicant states, in effect, that he should be awarded the BSM for meritorious service in Vietnam during the period 16 July 1968 to 26 March 1969. During research at the National Archives he became aware that a number of his peers were awarded the BSM for meritorious service.

4.  The applicant’s military records show that he served in Vietnam from 8 August 1968 to 1 March 1969 assigned to Headquarters and Headquarters Company, 1st Brigade, 1st Calvary Division and 13 December 1970 to 12 December 1971 assigned to the 478th Heavy Helicopter Company.  On 7 October 1975, he was released from active duty.  His character of service was honorable and he had achieved the rank of captain.  He subsequently joined the Army National Guard.  On 3 June 1990, the applicant having achieved the rank of lieutenant colonel and having completed the required years of service to be eligible for retirement at age 60, was honorably separated from the Army National Guard.

5.  His DD Form 214 (Report of Separation From Active Duty) reflects that his awards include the Distinguished Flying Cross with oak leaf cluster, the BSM, the Air Medal with 33 oak leaf clusters, the Army Commendation Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, the Vietnam Cross of Gallantry with Palm Unit Citation, the Senior Aviator Badge, and the Expert Badge with pistol bar.

6.  The applicant received an Officer Efficiency Report for the period 11 November 1968 to 2 February 1969.  The applicant was cited for performing his duties as a pilot in an exemplary fashion.

7.  On 7 April 1969, he was awarded the Air Medal with “V” device for heroic action taken on 6 February 1969 in Vietnam.

8.  On 8 November 1971, he was awarded the BSM for the period 13 December 1970 to 12 December 1971.  This is the BSM award currently reflected on his DD Form 214.

9.  1st Cavalry Regulation 672-1, dated 13 August 1970 prescribed policies and procedures pertaining to the processing of awards and decorations within the lst Cavalry Division.  The applicant was assigned to the 1st Cavalry Division from 16 July 1968 to 26 March 1969.  The policy provided that awards and decorations were to be liberally bestowed upon deserving individuals.  There was no limit to the number of valor or achievement awards for which an individual could be recommended.  It instructed that all deserving individuals who had served honorably while a member of the 1st Air Cavalry Division and are nearing the end of their Vietnam tour should be considered for a service award.  The command would normally approve an award for meritorious service upon recommendation by the unit commander for any individual who was killed or evacuated from Vietnam for wounds received as a result of hostile action.

10.  Army Regulation 600-8-22, in pertinent part, provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.  The applicant served during five campaign periods.  This regulation also specifies that when a soldier is awarded his or her 5th bronze service star, those service stars are replaced with one silver service star.

11.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Registrar, provides, in pertinent part that the 1st Calvary Division Headquarters and Headquarters Company was awarded the Republic of Vietnam Civil Actions Honor Medal-First Class.

CONCLUSIONS:

1.  The award policy of the 1st Cavalry Division was to award all soldiers who served admirably with the 1st Cavalry an end of tour award, especially those who were wounded in action.  It appears the applicant met both of these criteria for an end of service award.  During the applicant’s tenure he received excellent efficiency ratings and the Purple Heart.  He apparently was qualified for but was never awarded the BSM for the period 16 July 1968 to 26 March 1969.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant served during five campaigns during his assignments in Vietnam which are not correctly shown by award of five bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with five bronze service stars (which is converted to one silver service star under existing Army regulations) and correction of his DD Form 214 to show these awards.

3.  The governing regulation indicates that the applicant was assigned to a unit during the period it was awarded the Republic of Vietnam Civil Actions Honor Medal-First Class; he is therefore, entitled to that award.  He is also entitled to five bronze service stars to his Vietnam Service Medal based on the period of his service in Vietnam.

4.  His records contains orders which indicate that he was awarded the Air Medal with “V” device.
5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was awarded the BSM for meritorious service for the period 8 August 1968 to 1 March 1969; and

b.  correcting his DD Form 214 to show he is awarded the BSM with first oak leaf cluster, the Air Medal with “V” device and 33 oak leaf clusters; the Republic of Vietnam Civil Actions Honor Medal-First Class, and the Vietnam Service Medal with one silver service star.

BOARD VOTE:  

___wtm _  ___jhl___  ___rwa __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
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.		
3.		
4.		
5.		
6.