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ARMY | BCMR | CY2001 | 2001058410C070421
Original file (2001058410C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001058410


         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer 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 earlier appeal to award him the Air Medal.

3. The applicant states that, because he left Vietnam early on emergency leave, he was overlooked for award of the Air Medal. He provides statements from his company executive officer and platoon leader to substantiate his case.

4. Incorporated herein by reference are military records which were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR1999017432) on 22 July 1999.

5. The executive officer, a retired captain, writes, in effect, that the applicant flew with F Troop’s infantry platoon at least 3 times a week, that he earned the Air Medal and that it should be awarded now.

6. The platoon leader, a retired lieutenant colonel, writes that the applicant was ”my medic in the Aero Rifle Platoon from May 15, 1969 until 15 October 1969.…During this period he flew more than 6 combat missions per month including combat assaults, snatch and recovery, and similar combat related missions – which more than qualifies him to receive the Air Medal.”

7. As noted in the previous decisional document, the applicant had submitted a copy of Americal Division’s General Orders Number 10765 of 17 October 1969 that awarded the Air Medial to other members of the unit for meritorious achievement between early May and late September 1969.

8. Conclusion number 4 of the Boards previous decision states, “The applicant has provided no evidence to substantiate his eligibility for award of the Air Medal. The orders submitted showing the names of others does not substantiate his eligibility for the Air Medal. He should obtain witness statements from his commander and platoon leader and resubmit his request for consideration of award of the Air Medal.”

9. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations). As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
 
10. U.S Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal. 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) was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.

CONCLUSIONS:

1. There apparently are no orders awarding the applicant the Air Medal and his previous officers do not report that they ever recommended him for the award. However, in light of all the circumstances of the case, especially the credible statements and recommendations from the applicant’s former officers, as an exception to policy, it is appropriate to award him that decoration at this time.

2. In view of the foregoing, correcting the applicant’s record as recommended below would rectify an injustice.

RECOMMENDATION:

1. 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 for meritorious achievement between 15 May and 15 October 1969.

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

BOARD VOTE:

__GDP__ ___TAP__ __MHM_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ George D. Paxson___
                  CHAIRPERSON




INDEX

CASE ID AR2001058410
SUFFIX
RECON
DATE BOARDED 20020221
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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