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Decision Text

ARMY | BCMR | CY2001 | 2001059338C070421
Original file (2001059338C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER : AR2001059338


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Melvin H. Meyer Member
Mr. Karen A. Heinz 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 that he be awarded 24 oak leaf clusters (sic) to his Air Medal.

3. The applicant states that in Vietnam, Air Medals were awarded for every 25 hours of combat flight time. His unit, as well as other units, would award aviators all of their Oak Leaf Clusters upon completion of their tour. He says that he received his initial award after 25 hours, but never received the awards due for the remainder of his combat flight time.

4. In support of his application, he submits a DA Form 759, Individual Flight Record and Flight Certificate – Army, which shows that he is credited with flying 648 hours of combat pilot time while in Vietnam, from August 1968 to June 1969.

5. The applicant's military records show that he entered active duty as an officer on 17 April 1967, was awarded the area of concentration of rotary wing aviator, and was promoted to the rank of captain.

6. He served in Vietnam as a rotary wing aircraft pilot, a section commander, and a maintenance officer in a cavalry unit.

7. He was honorably released from active duty on 16 August 1971. His separation document shows that he was awarded the National Defense Service Medal, the Army Aviation Badge, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Distinguished Flying Cross, the Bronze Star Medal, and the Army Commendation Medal. Neither his DD Form 214, Report of Transfer or Discharge, nor his personnel records show that he was awarded the basic Air Medal.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement (single acts of a lessor degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties). In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.

9. U.S Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal. It defined the departure point for the award





of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions). However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity, or failure to display an offensive spirit. The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident. The individual must have continuously demonstrated a high degree of air discipline. And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended. There was no provision for making the award simply because an aircraft was struck by enemy fire.

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

1. The applicant accrued a total of 648 hours as a pilot flying combat missions while in Vietnam.

2. Since there is no record of how many individual missions the applicant actually flew each day, the Board must default to the standard of 25 hours for the award of each Air Medal (648 hours divided by 25 Category I missions), which would authorize the applicant a total of 25 Air Medals (the basic Air Medal with numeral 24).

3. In view of the foregoing, 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 applicant was awarded the Air Medal with Numeral 24, to denote the award of a total of 25 Air Medals.

BOARD VOTE:

___mhm ____aao_ ____kah _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Arthur A. Omartian______
                  CHAIRPERSON




INDEX

CASE ID AR2001059338
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020129
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.
3.
4.
5.
6.


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