PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 APRIL 2002
	DOCKET NUMBER:   AR2001065570

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		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 record to show award of two Air Medals, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Army Commendation Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. 

3.  The applicant states that the awards were omitted from his DD Form 214 and his DD Form 215.

4.  The applicant’s military records show that he enlisted in the Army for three years on 13 June 1966, and completed basic, advanced infantry, and airborne training.  Orders published during his training show that he was awarded the Sharpshooter Qualification Badge with rifle and automatic rifle bars and the Expert Qualification Badge with machine gun bar.  The applicant was trained as a medical corpsman at Fort Sam Houston, Texas, and in August 1967, was assigned to Headquarters and Service Battery, 3d Battalion, 319th Artillery of the 173d Airborne Brigade in Vietnam.  In October 1967 he was assigned to Headquarters and Headquarters Company, 4th Battalion (Airborne), 503d Infantry.  The applicant was wounded in November 1967 and transferred to the 106th General Hospital in Japan.  He returned to his unit in May 1968.  In August of that year he was assigned to Headquarters and Headquarters Company,       3d Battalion, 504th Infantry of the 82nd Airborne Division, Fort Bragg, North Carolina.  The applicant attained the rank of E-4 and was awarded the Combat Medical Badge and the Army Commendation Medal while in Vietnam.  He participated in three campaigns during his tour in Vietnam.

5.  The applicant was released from active duty on 12 June 1969 in the grade of E-4.  He had 3 years of service.  His DD Form 214 does not show award of his weapon qualification badges or his Army Commendation Medal.  It also does not show award of the other medals which he is requesting.  

6.  The 3d Battalion, 319th Artillery, was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the time the applicant was assigned to that organization.  The 4th Battalion, 503 Infantry was awarded the Presidential Unit Citation and the Meritorious Unit Commendation for its actions during the time the applicant was assigned to that organization.  

7.  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.  
8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

9.  That same regulation 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. 

CONCLUSIONS:

1.  There is no evidence, nor has the applicant provided any, to show either an award of the Bronze Star Medal or the Air Medal, or a recommendation for either of those awards.  There is insufficient evidence to support the award of those medals.    

2.  The applicant served his country honorably and faithfully as evidenced by his record.  He is entitled to award of the Good Conduct Medal.

3.  The applicant is entitled to award of the Presidential Unit Citation, the Meritorious Unit Commendation with oak leaf cluster [to denote a second award of that medal], the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.
The applicant participated in three campaigns in Vietnam.  His DD Form 214 should reflect award of the Vietnam Service Medal with three bronze service stars (one for each campaign). 

4.  The applicant’s DD Form 214 should also reflect award of the Army Commendation Medal and award of his weapon qualification badges.

5.  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 applicant was awarded the Good Conduct Medal, .
the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation with oak leaf cluster, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, the Sharpshooter Qualification Badge with rifle and automatic rifle bars, and the Expert Qualification Badge with machine gun bar.

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

BOARD VOTE:  

__INW __  __MMD__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001065570	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020416	
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.	107.00	
2.	46	
3.		
4.		
5.		
6.