PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:               26 June 2003                  
	DOCKET NUMBER:      AR2003086438

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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, in effect, that his records be corrected to show he was awarded the Bronze Star Medal (BSM); and that the Air Medal (AM) be added to his separation document (DD Form 214).  

3.  The applicant states, in effect, that his commanding general (CG) informed him that he would be put in for the BSM for meritorious service.  He also states that the AM should be added to his DD Form 214.  In support of his application, he provides copies of an AM 11th Oak Leaf Cluster (OLC) certificate and a Purple Heart (PH) certificate.  

4.  The applicant’s military records show that on 27 June 1966, he initially entered active duty in an enlisted status to attend warrant officer (WO) flight school. He served in this status for 1 year, 1 month, and 4 days until 31 July 1967, at which time he was honorably discharged in order to accept a WO appointment.  The DD Form 214 issued to him for this period of service confirms that during this period he earned the National Defense Service Medal (NDSM), Expert Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  

5.  On 1 August 1967, he was appointed a WO and entered active duty in that status.  His Officer Qualification Record (DA Form 66) shows that he served as a rotary wing aviator with the Air Cavalry Troop (ACT), 11th Air Cavalry Regiment (ACR), Republic of Vietnam (RVN), from 2 September 1967 through 28 August 1968.  Item 21 (Awards and Decorations) shows that during his active duty tenure he earned the following awards:  Army Aviator Badge (AAB); NDSM; Army Good Conduct Medal (AGCM); Vietnam Service Medal (VSM); PH; Republic of Vietnam Campaign Medal (RVNCM); AM 5th OLC; and two Overseas Bars.  

6.  The BSM is not included in the list of awards contained in Item 21 of the applicant’s DA Form 66.  Further, his Military Personnel Records Jacket (MPRJ) is void of any indication that he was ever recommended for or awarded the BSM during his tenure on active duty.  The MPRJ does contain a copy of General Orders Number 1605, dated 4 November 1968, issued by Headquarters, II Field Force Vietnam, which awarded the applicant the AM, 11th OLC.  

7.  On 14 February 1970, the applicant was honorably released from active duty (REFRAD).   At the time of his separation, he held the rank of chief warrant officer two (CW2), and he had completed a total of 3 years, 7 months, and 
18 days of active military service. 

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s 14 February 1970 DD Form 214 lists the following awards he earned during his tenure on active duty:  AM 5th OLC; PH; VSM; RVNCM with 60 Device; AAB; NDSM; AGCM; Expert Marksmanship Qualification Badge with Pistol Bar; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and two Overseas Bars.  The BSM is not included in this list of authorized awards.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.  Appendix B confirms that based on the tenure of his assignment in the RVN, the applicant was credited with participation in the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.  

10.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the BSM.  It states, in effect, that the BSM may be authorized to those members who while serving in any capacity in or with the Army of the United States, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (ACT, 11th ACR) earned the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was told that he had been put in for the BSM by his CG.  However, the evidence of record contains no indication that he was ever recommended for or awarded the BSM.  Lacking evidence to corroborate his claim of entitlement to the PH, the Board finds an insufficient evidentiary basis to add the BSM to his record at this time.  This action is taken solely based on the lack of evidence in the interest of all those who served in the RVN and who faced similar circumstances.  

2.  The Board did find that orders on file in the applicant’s record confirm he was awarded the AM 11th OLC.  However, it was never properly recorded in either his DA Form 66 or his DD Form 214.  Thus, the Board concludes that it would be appropriate to add it to his record at this time.  

3.  During its review of this case, the Board also discovered that based on his service and campaign participation in the RVN, the applicant is entitled to four bronze service stars with his Vietnam Service Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it finds that these awards should also be added to his record at this time.  

4.  In view of the foregoing, the applicant’s records should be corrected 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 Air Medal 11th Oak Leaf Cluster; by showing that based on his campaign participation and service in the RVN, he is entitled to four bronze service stars with his Vietnam Service Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.  

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

BOARD VOTE:  

__LF__  _WTM__  __LE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ____  GRANT FORMAL HEARING

________  ________  ____  DENY APPLICATION

		Walter T. Morrison
		 CHAIRPERSON

INDEX

CASE ID	AR2003086438	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/02/14	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.  64	107.0018	
3.  46	107.0000	
4.		
5.		
6.