MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            9 April 2002                  
	DOCKET NUMBER:   AR2002067175

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Presidential Unit Citation and proper number of oak leaf clusters with Air Medal.

APPLICANT STATES:  That he was awarded the Presidential Unit Citation for service in Vietnam as a Volunteer Helicopter Gunner during the period of 1965 to 1967.  He received the award while stationed at Schofield Barracks, Hawaii in May or June 1966.  He also states that he should have 17 Oak Leaf Clusters with the Air Medal.  

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 17 July 1964.

He served in Vietnam in military occupational specialty of light weapons infantryman from 4 January 1966 to 2 February 1967.

His records show he was awarded the Air Medal with 5 Oak Leaf Clusters.

His records do not show additional awards of the Air Medal or the Presidential Unit Citation.

He was honorably separated from active duty for the expiration of his term of service on 13 October 1967, in pay grade E-3, and transferred to the USAR Control Group (Reinforcement).

His awards include the Air Medal with 5 Oak Leaf Clusters, the Combat Infantryman Badge, the Vietnam Service Medal with one Bronze Service Star, and the National Defense Service Medal.

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 alto 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.  This regulation also specifies that Arabic numerals are issued instead of a medal for second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals stating with the numeral 2 denote the number of additional awards.

Army Regulation 600-8-22 also specifies that the Presidential Unit Citation is awarded to units of the Armed Forces of the United States for extraordinary heroism in action against the enemy occurring on or after 7 December 1941.  

The regulation also provides for award of the Republic of Vietnam Gallantry Cross Unit Citation for valorous achievement.  It is awarded with Palm to a unit that is cited before the Armed Forces.

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 the unit to which the applicant was assigned was awarded the Presidential Unit Citation.  

By virtue of the applicant’s assignment with the 1st Battalion, 14th Infantry in Vietnam between January 1966 through February 1967, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  This award is not reflected on his 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He is also entitled to 2 bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal and two overseas bars.  His separation document currently reflects only one bronze service star on his Vietnam Service Medal.  This document does not reflect the Republic of Vietnam Campaign Medal and two overseas bars

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant is not entitled to correction of his records to show award of the Presidential Unit Citation and additional Air Medals.  There is no evidence, and the applicant has not provided any, to show he was awarded additional Air Medals, and the unit he was assigned was not awarded the Presidential Unit Citation.

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, an additional bronze service star on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal and two overseas bars.  The Army Review Boards Agency (ARBA) at St. Louis will be requested to show these awards on the applicant’s DD Form 214.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Officials of the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, an additional bronze service star on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal and two overseas bars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo____  _dph____  _rjw____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002067175	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.