PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2001062497


         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. Stanley Kelley		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas E. O'Shaughnessy		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 he be awarded the Air Medal (AM) with oak leaf clusters and those awards be added to his separation document.

3. The applicant states that he flew missions with the 3^rd Squadron, 17^th Cavalry (3/17^th).

4. The applicant’s military records show that he enlisted in the Regular Army on 1 December 1966, was awarded the military occupational specialty of field wireman, and was promoted to pay grade E-4. He served in Vietnam from 29 December 1967 to 16 August 1969.

5. The applicant’s DA Form 20, Enlisted Qualification Record, Item 38, Record of Assignment, shows that when the applicant was initially assigned to Vietnam, he performed duties as a field wireman with Headquarters and Headquarters Battery, II Field Force Vietnam Artillery. On 8 January 1969 he was reassigned to A Troop, 3/17^th Cavalry where he performed duties as a scout observer. On 28 February 1969 he was given duties as a gunner (what type of gunner is not stated). On 16 May 1969 he was reassigned to Headquarters and Headquarters Troop and given duties as a switchboard operator. He served in Vietnam during the Vietnam Counter Offensive Phase III, the Vietnam Tet Counter Offensive, the Vietnam Counter Offensive Phase IV, and the Vietnam Counter Offensive
Phase V.

6. On 30 July 1968, Headquarters and Headquarters Battery, II Field Force Vietnam Artillery, was awarded the Meritorious Unit Commendation.

7. On 12 April 1969 the applicant was awarded the Aircraft Crewman Badge (now called the Aircraft Crewmember Badge) by Special Order # 102, published by Headquarters, 3^rd Squadron, 17^th Cavalry.

8. On 23 July 1969 the applicant was awarded the Good Conduct Medal (GCM) by General Orders Number 13, published by Headquarters, 3^rd Squadron, 17^th Cavalry.

9. On 16 August 1969 the applicant was honorably released from active duty due to his having insufficient time to be reassigned upon his return from Vietnam. His separation papers show that he was awarded the National Defense Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

10. 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.

11. Army Regulation 600-8-22 also provides that an Aircraft Crewman Badge may be authorized for wear by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers, and to non-crewmembers who hold principal assignments as observers, medical aid men, gunners, maintenance supervisors or technical inspectors.

12. U.S Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the AM. 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.

13. Department of the Army Pamphlet 672-3 shows that the 3/17^th Cavalry was awarded the RVN Civil Actions Honor Medal FC and the RVN Gallantry Cross with Palm. This pamphlet identifies the pertinent identified campaign periods for




which a bronze service star is authorized for wear on the Vietnam Service Medal are as follows: Counteroffensive Phase III ended on 29 January 1968, Tet ended on 1 April 1968, Counteroffensive IV ended on 30 June 1968 and Counteroffensive V started 1 July 1968.

CONCLUSIONS:

1. It is evident that the Aircraft Crewman’s Badge, the GCM, the RVN Civil Actions Honor Medal FC, the RVN Gallantry Cross with Palm, the MUC and four bronze service stars to the applicant’s Vietnam Service Medal were inadvertently omitted from the applicant’s DD Form 214.

2. It would also appear reasonable to presume that the applicant was entitled to the AM based on the fact that he was awarded the Aircraft Crewman’s Badge while assigned to a cavalry unit in Vietnam.

3. 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. He served as a field wireman with an artillery unit until 8 January 1969, a position which would not entail flight duty. At that point he was reassigned to the 3/17^th Cavalry where he performed duties as a scout observer, a position which may or may not have required flight status. On 28 February 1969 he was given duties as a gunner. However, he was not awarded the Aircraft Crewman Badge until 12 April 1969, and was reassigned on 16 May 1969 to a position as a switchboard operator. This would indicate that the applicant was on flight status for a month and four days. Therefore, while it would appear that the applicant was entitled to the AM based upon his flight status as a gunner holding an Aircraft Crewman Badge for a month and four days, it would not appear that he was entitled to any additional awards (Arabic numerals or oak leaf clusters) since he did not hold that position for a period of time which would have permitted him to accrue an additional 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions.

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 the AM; and



         b. adding the Aircraft Crewman Badge (Aircraft Crewmember Badge), the GCM, the RVN Civil Actions Honor Medal FC, the RVN Gallantry Cross with Palm, and four bronze service stars to the applicant’s Vietnam Service Medal, to his DD Form 214.

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

BOARD VOTE:

__sk____ ___jtm___ ___teo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Stanley Kelley___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062497
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020606
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.