PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 April 2002
	DOCKET NUMBER:   AR2002068535

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 award of the Bronze Star Medal for his service in Vietnam.

3.  The applicant states, in effect, that he was recommended for the Bronze Star Medal for what he accomplished in service to his country.  He contends that he was put on the “front lines of Phu Loi” to protect and train soldiers before they went to their units.  The applicant also stated that, at the time he was leaving Vietnam, Sergeant Major [last name omitted] commented it was not fair that the applicant did not receive a Bronze Star Medal.

4.  The applicant’s military records show that he was inducted on 22 October 1970 and completed training as an airplane mechanic.  He served in Vietnam from 28 May 1969 to 29 April 1970 and was honorably separated from active duty on 22 October 1970.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Bronze Star Medal as an authorized award.  

6.  There is no evidence in the applicant’s service personnel records that he was recommended for or awarded the Bronze Star Medal for his service in Vietnam.  However, his service personnel records contain 1st Aviation Brigade General Orders Number 2617, dated 23 April 1970, which awarded the applicant the Army Commendation Medal for meritorious service for the period May 1969 to May 1970 in Vietnam.

7.  The Board noted that the applicant is entitled to permanent award of the Aircraft Crew Member Badge, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Records show the applicant was trained in military occupational specialty (MOS) 67G and served in that MOS.

9.  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 that, at the time of the applicant’s assignment to the 539th Transportation Company, it was cited for award of the Meritorious Unit Commendation by Headquarters Department of the Army General Orders Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 539th Transportation Company, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

14.  Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal Advanced Individual Training in career management field 67 MOS’s.

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for meritorious service as end of tour award for his service in Vietnam.  

2.  There is no evidence that the applicant was recommended for award of the Bronze Star Medal for his service in Vietnam; however, it is clear that the award approval authority determined that the Army Commendation Medal was the appropriate recognition for the applicant’s service in Vietnam.  

3.  Based on the foregoing and in the absence of proof that a recommendation for award of the Bronze Star Medal was improperly downgraded to the Army Commendation Medal, there is no basis for award of the Bronze Star Medal to the applicant in this case.

4.  The Board noted that the applicant’s discharge document does not show award of the Army Commendation Medal to which he is entitled; therefore his records should be corrected to show this award.
5.  The applicant completed Advanced Individual Training in MOS 67G; therefore, he is entitled to permanent award of the Aircraft Crewmember Badge and correction of his records to show this badge.

6.  Orders show the applicant is entitled to award of the Meritorious Unit Commendation; therefore, his records should be corrected to show this United States unit award.

7.  Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records should be corrected to show this foreign unit award.

8.  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 the individual concerned was awarded the Army Commendation Medal, the Aircraft Crew Member Badge, the Meritorious Unit Commendation, 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:  

__CG___  ___JHL__  __GDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Joann H. Langston_
		        CHAIRPERSON

INDEX

CASE ID	AR2002068535	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020425	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.