PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              9 April 2002
	DOCKET NUMBER:     AR2002066763

	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. Raymond V. O'Connor		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal, the Bronze Star Medal, one or two Air Medals, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant states that they were not awarded or listed on his DD Form 214. 

4.  The applicant’s military records show that he was inducted in the Army on 19 June 1969.  He completed basic and advanced individual training and served in Vietnam from 26 November 1969 through 24 December 1970 as a chaplain’s assistant.  The applicant was honorably released from active duty on 24 December 1970.

5.  The applicant’s DD Form 214 shows entitlement to the Army Commendation Medal and the Bronze Star Medal.  Therefore, these awards will not be discussed further in these proceedings.  

6.  The applicant’s DD Form 214 does not show any awards of the Air Medal, the Presidential Unit Citation, the Meritorious Unit Commendation or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

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 basic Air Medal. 

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 does not show that, at the time of the applicant’s assignment to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, the unit was cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation.

9.  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.  The Board noted that the applicant is entitled to award of the Vietnam Service Medal with three bronze service stars which are not shown on his discharge document.

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal.  Table B-1 of Army Regulation 600-8-22 (Military Awards), shows the applicant was entitled to credit for participation in the Vietnam Winter-Spring Campaign, the DA Sanctuary Counteroffensive Campaign and the Vietnam Counteroffensive, Phase VII Campaign during his tour in Vietnam. 

12.  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.

13.  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.  

14.  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 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, there is no basis for granting him any awards of the Air Medal.  

2.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit in Vietnam was cited for award of the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, there is no basis for correcting his records to show these awards.

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this award.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.   

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:

	a.  by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and 

	b.  by showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:  

RVO_____  RJW____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002066763	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.