PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001060421


         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. Fred N. Eichorn		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		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.

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2. The applicant requests that his Aircraft Crewman Badge (now called the Aircraft Crew Member Badge), Air Medal (AM) with 15 oak leaf clusters, and Distinguished Flying Cross (DFC) be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. He also requests that he be awarded the Good Conduct Medal (GCM), and that award also be added to his DD Form 214.

3. The applicant states, in effect, that those awards and decorations were inadvertently omitted from his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 28 December 1965, was awarded the military occupational specialty of construction machine operator, and was promoted to pay grade E-5.

5. He served in Vietnam from 2 May 1967 to 18 December 1968. While in Vietnam he was initially assigned to an engineer company, where he served as a tractor operator. On 4 September 1967 he was assigned to an aviation company where he served as a door gunner. The applicant remained in Vietnam assigned as a door gunner until 2 December 1968, the date he was reassigned to Headquarters and Headquarters Company, 268^th Aviation Battalion in Vietnam. While assigned as a door gunner, the applicant took 30 days of special leave commencing 2 May 1968, and took 7 days leave commencing 20 November 1968.

6. The applicant’s military records contain orders awarding him the DFC, the AM, and the Aircraft Crew Member Badge, based on missions he flew from 12 October to 25 November 1967.

7. On 19 December 1968 the applicant was honorably released from active duty.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Meritorious Unit Citation, the Vietnam Service Medal, and the Purple Heart.

8. Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser 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 non-professionalism, 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.

10. Army Regulation 600-8-22 provides that the GCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the GCM, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the GCM.

CONCLUSIONS:

1. It is evident that the DFC, AM and Aircraft Crew Member Badge were inadvertently omitted from the applicant’s DD Form 214.

2. However, there is no evidence in the applicant’s records to show how many missions he flew, or what category the missions were that he flew. Without evidence to verify how many and what category missions he flew, the Board cannot ascertain with any certainty how many AM’s the applicant should have been awarded. However, the Board can make an estimate based on the amount of time the applicant took to be awarded his first AM. That period was 1 month and 13 days, or 43 days. The applicant served as a door gunner for 1 year and 7 days, of which 37 days were taken as leave. That leaves the applicant with 11 months service as a door gunner. By dividing 11 months (330 days) by 43 days, the Board can reasonably conclude the applicant was entitled to a total of seven AM’s.

3. Since the applicant’s military records do not contain any evidence or indication of anything but exemplary service, and the applicant was awarded decorations for both heroism and wounds sustained in combat, it is apparent that his commander’s failure to award him the GCM was also an oversight.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

         a. showing the individual concerned was awarded a total of seven AM’s;

         b. adding the DFC, the AM, and the Aircraft Crew Member Badge to his DD Form 214; and

         c. awarding him the GCM.

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

BOARD VOTE:

___le ___ ___mkp__ ____fne_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Fred N. Eichorn_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060421
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020207
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.
2.
3.
4.
5.
6.