PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002        
	DOCKET NUMBER:   AR2002069432

	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:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Vietnam Campaign Medal and the Air Medal.

3.  The applicant states, in effect, that the only medal he received was the Army Commendation Medal with First Oak Leaf Cluster.  He contends that he never received the actual medals for the Purple Heart, the Vietnam Campaign Medal, the Air Medal or the National Defense Service Medal.  He also contends that he is not sure if he is entitled to an Air Medal because he was not in an airborne or air cavalry unit, but he made many air assaults by Huey choppers.  In support of his application, he submits a copy of his DD Form 214 and orders for the Purple Heart. 

4.  The applicant’s request for the issuance of medals was addressed by separate correspondence.

5.  The applicant’s military records show that he was inducted on 4 February 1970.  He served as an infantryman in Vietnam and was honorably released on 13 October 1971.  The Board notes that the applicant was separated from the service on temporary records.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Vietnam Campaign Medal or the Air Medal as authorized awards.

7.  Headquarters 23d Infantry Division General Orders Number 9253, dated 
19 August 1971, show the applicant was awarded the Purple Heart for wounds sustained on 18 August 1971 in Vietnam.

8.  The applicant’s records show that he served in Vietnam from 11 October 1970 through 9 September 1971 and participated in two campaigns (Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971; and Consolidation I, 
1 December 1971 to 30 November 1971).

9.  There are no orders for the Air Medal in the available records.  There are no flight hours recorded in the applicant’s service personnel records.  There also is no evidence that he met the qualifications for or was recommended for the Air Medal.  

10.  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 8, dated 1974.  This award is not shown on the applicant’s discharge document.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

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.  The applicant was awarded the Purple Heart for wounds sustained as a result of hostile action on 18 August 1971 in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served in Vietnam from 11 October 1970 through 9 September 1971 and participated in two campaigns.  Therefore, he is entitled to award of the Vietnam Campaign Medal and the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

3.  The Board also considered the applicant’s contention that he was entitled to an award of the Air Medal.  However, 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 insufficient evidence on which to base any award of the Air Medal in this case.

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit citation.

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 Purple Heart, the Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars 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:  

MHM___  KAN_____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069432	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0088	
3.	107.0018	
4.	107.0000	
5.		
6.