PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                2 July 2002
	DOCKET NUMBER:       AR2002071238

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal.

3.  The applicant states that he served as an infantryman with Company C, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade from May 1969 through May 1970.  He claims he was informed that he would receive the Air Medal for the combat assaults from helicopters.  He contends that he made over 40 combat assaults and about 3 to 4 "hot" landing zones.  He contends that the Air Medal was awarded to most men in his platoon.  He states that he is now 100% service disabled from Agent Orange.  He claims that, because of the helicopter assaults and "hot" landing zones, he should qualify for award of the Air Medal. 

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 July 1968 for a period of 2 years.  He successfully completed basic and advanced individual training and served in Vietnam from 31 May 1969 through 29 May 1970 as a machine gunner.  The applicant was honorably released from active duty on 29 May 1970.

5.  The applicant's DD Form 214 does not show the Air Medal as an authorized award.

6.  There are no orders in the applicant’s personnel records which show he was awarded the basic Air Medal.  There is no evidence that he was recommended for award of the Air Medal or that he met the qualifications for award of the Air Medal.  His DA Form 20 (Enlisted Qualification Record) does not list the Air Medal in item 41 (Awards and Decorations).

7.  The Board noted that the applicant is eligible for award of Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal which are not shown on his DD Form 214. 

8.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, Appendix B of Army Regulation 600-8-22 (Military Awards) shows he is entitled to campaign credit for participation in the Tet 69 Counteroffensive Campaign, the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, and the DA Sanctuary Counteroffensive Campaign during his tour in Vietnam.

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 3rd Battalion, 503rd Infantry, 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 51, dated 1971.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  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.

12.  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.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he made over 40 helicopter assaults and 3 to 4 "hot" landing zones and should have qualified for 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 no basis for granting him award of the Air Medal.  

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

3.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

4.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 29 July 1968 to 29 May 1970 ending with termination of a period of Federal military service.  Therefore, his records will be amended to show award of the Good Conduct Medal.

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 Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal.

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

BOARD VOTE:  

KAK____  AAO____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002071238	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020702	
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	Mr. Schneider	
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.