PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 March 2003                   
	DOCKET NUMBER:   AR2002078197

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		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 reconsideration of his previous application to correct his military records by awarding him additional awards of the Air Medal.

3.  The applicant states, in effect, that he flew over 400 combat flight hours but only received two awards of the Air Medal, one of which was for valor.  

4.  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the Board's previous consideration of the Docket Number AC87-06819 by the Army Board for Correction of Military Records on 6 April 1988.

5.  With his request for reconsideration, the applicant submitted flight records that show he flew 403 combat flight hours during the period 21 January 1970 through 6 July 1970 in Vietnam.  The applicant's DA Form 759 (Individual Flight Record and Flight Certificate) for the period July 1970 which shows that he flew 403 combat flight hours was provided with his original application in 1988. 

6.  The applicant's flight records covering the period January 1970 through June 1970 are new evidence that will be considered by the Board.

7.  The applicant's DD Form 214 with an effective date of 24 March 1971 shows one award of the Air Medal as an authorized award. 

8.  A DD Form 215 (Correction to DD Form 214), prepared on 8 January 1977, amended the applicant's DD Form 214 with an effective date of 24 March 1971 to show award of the Air Medal with Numeral "1" with "V" Device (correctly known as the Air Medal with Numeral "2" with "V" Device). 

9.  The applicant's flight records show that he flew 200 combat flight hours during the period January 1970 through March 1970.

10.  The applicant's flight records show that he flew 27 combat flight hours during the period 10 April 1970 to 30 April 1970.  1st Aviation Brigade General Orders Number 4989, dated 12 June 1970, show the applicant received the basic award of the Air Medal for the period 10 April 1970 to 30 April 1970.

11.  The applicant's flight records show that he flew 176 combat flight hours during the period May 1970 through 6 July 1970.

12.  The applicant's service personnel records show that he received the Air Medal (Second Award) with "V" Device for heroism on 8 July 1970.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  

14.  Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

15.  Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration.  This includes but is not limited to any facts or arguments as to why relief should be granted.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

16.  The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1.  The applicant's flight records show that he flew 200 combat flight hours from January 1970 through March 1970.  

2.  Subsequently, the applicant received the basic award of the Air Medal for the period 10 April 1970 to 30 April 1970.

3.  The applicant's flight records show that he flew an additional 176 combat flight hours from May through 6 July 1970.

4.  Evidence of record shows the applicant received the second award of the Air Medal with "V" Device for heroism on 8 July 1970.

5.  Based on the applicant's flight records that show he flew 376 combat flight hours during the periods January 1970 through March 1970 and May 1970 through 6 July 1970, the Board determined that the applicant is entitled to 
15 additional awards of the Air Medal, a total of 17 awards of the Air Medal, one of which is for valor.  Therefore, the applicant’s DD Form 214 with an effective date of 24 March 1971 should be corrected to show award of the Air Medal with Numeral “17” with “V” Device. 

6.  In view of the foregoing findings and conclusions, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 with Numeral "17" with "V" Device.

BOARD VOTE:

JNS___  MHM____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078197	
SUFFIX		
RECON	Yes	
DATE BOARDED	20030325	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.