PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          21 October 2003                    
	DOCKET NUMBER:  AR2003087195

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones, II		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 essence, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM) with four Oak Leaf Clusters (OLC), the Bronze Star Medal (BSM) with OLC, and the Combat Infantryman Badge (CIB).

3.  The applicant states that he would also like his DD Form 214 corrected to show all other awards that he is authorized.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 5 June 1968.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 30 October 1968, he was assigned to Vietnam with duties in his MOS.  He served with Company C, 2nd Battalion, 39th Infantry, 9th Infantry Division.  While assigned to Vietnam, a summary court martial convicted him of leaving his listening post without the proper authority.  He departed Vietnam on 3 August 1969 and, on 2 October 1969, he was assigned to Fort Lewis, Washington.  

5.  On 4 June 1970, he was honorably released from active duty and transferred to the United States Army Reserve.  His DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) shows he was awarded the Army Commendation Medal (ARCOM), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, one Overseas Service Bar and the Marksmanship Marksman Badge (M14 Rifle and M-16 Rifle).  The applicant's DD Form 214 shows award of the ARCOM, however, it does not show award of the "V" Device for wear on the ARCOM.  Nor does it show award of the AM, BSM or the CIB.  

6.  The applicants record contains three orders from Headquarters, 9th Infantry Division which shows that he was awarded the AM, CIB and the ARCOM with "V" Device.  General Orders Number 8286, dated 3 July 1969, awarded the applicant the AM with four OLC for meritorious achievement while participating in sustained aerial flight.  General Orders Number 5352, dated 7 May 1969, awarded the applicant the ARCOM with "V" Device for heroism in connection with operations against an armed hostile force Vietnam.  Special Orders Number 331, dated 26 November 1968, awarded the applicant the CIB.  There is no evidence the applicant was ever awarded the BSM.  

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8.  AR 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

9.  AR 600-8-22 authorizes, in pertinent part, award of a bronze service star (BSS), 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.  During the applicant's period of service in Vietnam, he participated in four campaigns and is entitled to 4 BSS for wear on his Vietnam Service Medal (VSM).

10.  Current versions of AR 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 5 denotes the fifth award of the Air Medal (the AM with 4 OCL).

11.  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 the unit, to which the applicant was assigned, was cited for award of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army General Order Number 31, dated 1969.

CONCLUSIONS:

1.  The available evidence supports that the applicant's DD Form 214 should be corrected to show award of the AM with the numeral 5, the CIB, the ARCOM with "V" Device, 4 BSS for wear on his VSM, and the Vietnam Gallantry Cross with Palm Unit Citation.

2.  There is no evidence available to substantiate award of the BSM.

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Forms 215 (Correction to DD Forms 214) which shows that he was awarded the AM with numeral 5, CIB, "V" Device for wear on the ARCOM, 4 BSS for wear on his VSM, and the 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___  __wdp___  __fcj___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087195	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT))	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0018	
3.	107.0111	
4.	107.0020	
5.		
6.