MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001057959

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John T. Meixell		Member
Mr. Lester Echols		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: That he be awarded the Air Medal and the Bronze Star Medal for meritorious service during the Gulf War.

APPLICANT STATES: That after he returned from the Persian Gulf, he moved to Fort Riley on a Permanent Change of Station. The awards that were promised to him never followed. He served in Company E, 5/158^th Aviation Regiment, until he was transferred to Company B, 5/158^th, for deployment to Operation Desert Shield/Desert Storm in August of 1990. His military occupational specialty was 67N (Huey Crew Chief). After arriving in Saudia Arabia, he was told that his flight status had been pulled due to the unavailability of enough slots. However, he continued to fly combat missions throughout the duration of the war. He performed crew chief duties and also manned a M60 machine gun as a door gunner. During this period, his commander and first sergeant made a set of crude flight orders for him and a few others in his same position for the sole purpose of receiving an Air Medal and Bronze Star Medal that he was promised for the combat flight hours that he had logged.

The applicant provides copies of documents. Those pertinent to the issue are:
1) a Company B, 5^th Battalion, 158^th Aviation Regiment, Task Force Warrior memorandum, dated 9 February 1991, subject: Flight Orders for Door-gunners, which shows the applicant’s name along with 4 others; 2) an e-mail message from the applicant and a fellow soldier making statements similar to the applicant’s above; 3) a history synopsis of the 12^th Aviation Brigade from
13 August 1990 through January 1991; 4) and an Army Commendation Medal certificate for exceptional meritorious service from 28 November 1988 to 4 June 1991, while serving as a utility helicopter repairer, Company E, 5^th Battalion,
158^th Aviation Regiment, 12^th Aviation Brigade, which recognizes in part his outstanding technical expertise and unfailing efforts ensuring excellent maintenance support for numerous field training exercises in Europe and combat operations in Southwest Asia and contributed significantly to the battalion’s combat readiness.

COUNSEL CONTENDS: Based on the merits of this case, it is requested that corrective action be taken and grant the former service member the Air Medal and the Bronze Star Medal.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 2 June 1988, for a period of 5 years. After completing basic training at Fort Dix, New Jersey, he entered advanced individual training for the military occupational specialty (MOS) 67 N, UH-1 Helicopter Repairer, at Fort Rucker, Alabama. On 20 October 1988, he was awarded the Aircraft Crewman Badge and the MOS, 67N. On 28 October 1988,


he completed his MOS training. On 1 December 1988, he was assigned to Company E, 5^th Battalion, 158^th Aviation Regiment, in Germany, as a helicopter repairer.

On 25 July 1989, he received an Army Achievement Medal for meritorious achievement for participation in the Nijmegen March. He was advanced through the ranks to Specialist Four (SP4) on 2 August 1990.

His Personnel Qualification Record (DA Form 20) shows that he was on Temporary Duty in Saudi Arabia from 15 September 1990 through 25 March 1991. It is not posted in his records or listed on his separation certificate, but the applicant supplied a copy of an Army Commendation Medal certificate (but no orders) for exceptionally meritorious service from 28 November 1988 to 4 June 1991 while serving as a utility helicopter repairer, Company E, 5^th Battalion,
158^th Aviation Regiment.

On 28 June 1991, he departed Germany enroute to the Continental United States. On 16 July 1991, he was assigned to Company D, 1^st Aviation Battalion, Fort Riley, Kansas. On 26 August 1991, he was awarded the Good Conduct Medal. On 12 September 1991, he completed the Primary Leader Development Course achieving course standards.

He was transferred to Company A, 4^th Battalion, 1^st Aviation Regiment.
On 2 June 1992, he was given a local bar to reenlistment due to four counseling statements given between 28 January and 13 April 1992 for being late to formation, being late to work, being late to work and appearing to be drunk, and missing physical training formation; and one summarized Article 15, nonjudicial punishment, for failure to go to his appointed place of duty. On 24 June 1992, the applicant requested early separation from active duty under chapter 16-5b, AR 635-200, early separation for personnel denied reenlistment by a locally imposed bar to reenlistment. His request was approved and he was so honorably separated from active duty on 24 July 1992 and transferred to the Army Reserve Control Group (Reinforcement). He was honorably discharged from the Army Reserve on 4 June 1996 after completing his obligation.

His DD Form 214 (Certificate of Release of Discharge from Active Duty) for release from active duty shows that he was awarded, in pertinent part, the Army Achievement Medal, the Southeast Asia Service Medal with 2 bronze service stars, the Kuwait Liberation Medal, and the Aircraft Crewman Badge.

According to Army Regulation 600-8-22 (Military Awards), paragraph 3–15, the Air Medal is awarded to recognize meritorious achievement or service while participating in aerial flight as follows: 1) for acts of heroism in connection with


military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force; 2) for single acts of meritorious achievement, involving superior airmanship accomplished with distinction beyond that normally expected; 3) for meritorious service of sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months in military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force. Award of the Air Medal is primarily intended to recognize those personnel who are on crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement, or exemplary service, determines who should receive the award.

According to Army Regulation 600-8-2 (Military Awards), paragraph 3-13,
a Bronze Star Medal may be awarded to a member of the Armed Forces of the United States who, while serving after 6 December 1941, distinguishes himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. Award may be made for acts of heroism, performed under circumstances described above, which are of a lesser degree than required for the award of the Silver Star.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence that the applicant was recommended for or awarded the Air Medal or Bronze Star Medal. Neither the statement by the applicant that he was promised these awards nor the copy of the message of a fellow soldier requesting assistance in obtaining the same awards are sufficient evidence to support awarding these medals. Being assigned as a door gunner on a helicopter in a combat zone does not establish entitlement for these awards. According to the award eligibility criteria given in the regulation, a soldier would have to be recommended and approved by his chain of command based on his acts of heroism in flight, single acts of meritorious achievement involving superior airmanship accomplished with distinction beyond that normally expected, meritorious service of sustained distinction in the performance of duties involving frequent participation in aerial flight, or heroic or meritorious achievement or service of a lesser degree than required for the award of the Silver Star. Based on the Army Commendation Medal awarded to the applicant for his period of


service, which include service in Southwest Asia, his command did consider him for awards and it appears that they considered the Army Commendation Medal the correct level of award for his service as opposed to the higher awards of the Air Medal and the Bronze Star Medal.

2. A review of the applicant’s records reveals two awards, the Army Commendation Medal and the Good Conduct Medal, that are not reflected on his separation document. A request will be made to the Army Review Boards Agency Support Division to provide the applicant with a correction to his separation document to reflect these awards.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document to reflect the following awards: the Army Commendation Medal and the Good Conduct Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__ao____ ___jm__ __le____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2001057959
SUFFIX
RECON
DATE BOARDED	20011127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107 – Decorations and Awards
2.
3.
4.
5.
6.