PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           25 May 2000                  
	DOCKET NUMBER:   AR1999034224

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 that his record be corrected by showing that he was awarded the Air Medal with 12th oak leaf cluster and “V” device, the Vietnamese Cross of Gallantry with Bronze Star, and the Army Commendation Medal with 1st oak leaf cluster and “V” device.  

3.  The applicant states those awards are not reflected on his DD Form 214, and he has never received those awards. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 5 October 1965, completed training as an infantryman, and in           April 1966 was assigned to the 178th Aviation Company in Vietnam as a door gunner, later transferring to the 173d Assault Helicopter Company.  He participated in three campaigns during his tour in Vietnam.  The 178th Aviation Company was awarded the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions while he was assigned to that unit.  The 173d Assault Helicopter Company was awarded the Meritorious Unit Commendation for its actions while he was assigned to that unit.  He returned to the United States at Fort Ord, California in January 1968, and was released from active duty on         4 October 1968. 

5.  The applicant attained the rank of Sergeant.  Orders show that he was awarded the Air Medal with “V” device for heroic action on 16 March 1967, and that he was awarded the Air Medal (1st oak leaf cluster) with “V” device for heroism on 30 April 1967.  The applicant was also awarded the Air Medal        (6th oak leaf cluster) with “V” device for heroism on 13 and 14 April 1967.  He was also awarded the Air Medal (12th oak leaf cluster) for meritorious achievement.  Additionally, on 26 March 1968 Headquarters, United States Army Vietnam approved the award of the Gallantry Cross with Bronze Star, presented to him by the Republic of South Vietnam for heroic actions during the period 1 July 1967 to 15 September 1967.

6.  The USARV Form 157 that he submits with his application shows pending orders for the Army Commendation Medal with “V” device, and the Army Commendation Medal (1st oak leaf cluster) with “V” device.  However, the applicant’s records contain no evidence of those awards or recommendations for those awards.

7.  Chapter 4 of Army Regulation 600-8-22 prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

8.  Army Regulation 600-8-22  provides, in pertinent part, that the Army Commendation Medal is awarded 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.  
 
CONCLUSIONS:

1.  There is no evidence nor has the applicant provided any, to show that he was awarded the Army Commendation Medal with “V” device, or that he was recommended for that award.  It might well be that the USARV Form 157 meant to indicate Air Medal with “V” device.  Nonetheless, he is not entitled to award of the Army Commendation Medal with “V” device.

2.  The applicant received 13 awards of the Air Medal.  Notwithstanding the order contained in his record showing award of the Air Medal (sixth oak leaf cluster) with “V” device, this Board believes that the applicant received three awards of the Air Medal for heroism.  There are no orders of certificates in his record to show more than three awards.  All his awards should be reflected on his          DD Form 214. 

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation.  That award should be reflected on his DD Form 214. 

4.  He served in three campaigns during his tour in Vietnam.  His record should show award of the Vietnam Service Medal with three bronze service stars (one for each campaign). 

5.  The units to which he was assigned were awarded the Valorous Unit Award, the Meritorious Unit Citation (two awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Those awards should be reflected in his records.

6.  The applicant served his country honorably and faithfully during his period of service.  He should be awarded the Army Good Conduct Medal.

7.  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 received the Air Medal     (13th award), the Air Medal with “V” device (3d award), the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, two awards of the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal.

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

BOARD VOTE:  

___ewl__  ___klw___  ___eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034224	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.