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Decision Text

ARMY | BCMR | CY2001 | 2001065608C070421
Original file (2001065608C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 September 2002
         DOCKET NUMBER: AR2001065608


         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Melinda M. Darby Member
Mr. Ronald E. Blakely 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 in effect, that he be awarded additional awards of the Air Medal and any other awards that he may be entitled to.

3. The applicant states, in effect, that he was awarded the basic Air Medal and numerals 2 through 21; however, he is entitled to additional Air Medals for the additional combat missions that he flew.

4. The applicant’s military records show that he enlisted in the Regular Army on
17 May 1966. He completed basic combat training at Company E, 3rd Battalion, 1st Training Brigade, Fort Polk, Louisiana. He was assigned to a unit at Fort Wolters, Texas, for warrant officer training. On or about 26 January 1967, the applicant departed for assignment to a unit at Headquarters, United States Army Aviation School, Fort Rucker, Alabama for warrant officer candidate training.

5. While at Fort Rucker, Alabama, the applicant was awarded the Army Good Conduct Medal on General Orders 87, dated 26 April 1967, published by Headquarters, United States Army Aviation Center Troop Brigade (Provisional), Fort Rucker, Alabama.

6. On 5 June 1967, the applicant was honorably discharged in pay grade E-5 for the purpose of accepting an appointment as a warrant officer aviator. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for this enlistment period shows as authorized awards: the Expert Badge (45 Pistol), the Marksman Badge (M-14), and the National Defense Service Medal. It does not show the Army Good Conduct Medal as an authorized award.

7. On 6 June 1967, the applicant accepted an appointment as a warrant officer. On or about 12 July 1967, the applicant departed for the Republic of Vietnam (RVN). He was assigned to the 335th Assault Helicopter Company as a helicopter pilot.

8. The applicant was awarded the basic Air Medal on General Orders
4597, Headquarters, 1st Aviation Brigade dated 29 September 1967 for the period 15 through 23 July 1967.

9. General Orders 8100, Headquarters, 1st Aviation Brigade dated 9 December 1968, awarded the applicant the Air Medal (second through twenty-first Oak Leaf Cluster) for the period 23 July through 1 December 1967.

10. The applicant departed the RVN on or about 6 July 1968.

11. On 30 January 1970, the applicant was released from active duty and transferred to the U. S. Army Reserve. His DD Form 214 for the period ending 30 January 1970, shows as authorized awards: the National Defense Service Medal, the Army Aviator Badge, the Distinguished Flying Cross with one oak leaf cluster, the Air Medal with twenty one oak leaf clusters, two Overseas Service Bars, the Vietnam Service Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm (2nd Award). His DD Form 214 does not show any additional Air Medal awards nor does it show the award of the Republic of Vietnam Campaign Medal.

12. The applicant’s Individual Flight Record and Flight Certificate – Army, DA
Form 759, shows that he had flown a total of 1205 hours on combat missions from 15 July 1967 through 26 June 1968. The combat missions included instructor piloting and first pilot flying time.

13. The applicant’s record shows that he served in the RVN from 12 July 1967 through 6 July 1968 serving through four campaigns – the Vietnam Counteroffensive, Phase III from 1 June 1967 through 28 January 1968; the Tet Counteroffensive from 30 January 1968 through 1 April 1968; the Vietnam Counteroffensive, Phase IV from 20 April 1968 through 30 June 1968; and
the Vietnam Counteroffensive, Phase V from 1 July 1968 through 1 November
1968.

14. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The evidence of record also shows that the applicant participated in four campaigns during his assignment in the RVN. His participation in four campaigns entitled him to award of four bronze service stars. However, the awards of the four bronze service stars are not reflected on his DD Form 214.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

16. Army Regulation 600-8-2 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current 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. Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

17. At the time, U.S. Army Vietnam Regulation 672-1 provided that individuals who had been recommended for award of the Air Medal for sustained operations must have had completed a minimum of 25 Category I missions and had accrued a minimum of 25 hours of flight time while engaged in Category I missions;
50 Category II missions and had accrued a minimum of 50 hours of flight time while engaged in Category II missions; or 100 Category II missions and had accrued a minimum of 100 hours of flight time while engaged in Category III missions.

18. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

19. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

CONCLUSIONS:

1. The evidence of record shows that General Orders 87, dated 26 April 1967 filed in the applicant’s service record awarded him the Army Good Conduct Medal for the enlistment period ending 5 June 1967. Therefore, the applicant is entitled to correction of his DD Form 214 ending 5 June 1967 to reflect the award of the Army Good Conduct Medal.

2. The evidence of record shows that the applicant flew a total of 1205 hours all of which were combat missions from 15 July 1967 through 26 June 1968. The applicant was entitled to the total award of 48 Oak Leaf Clusters (1205 flight hours divided by 25 equals 48). Therefore, that it would be appropriate to correct the applicant’s record to show 48 Oak Leaf Clusters to the Air Medal.


3. The evidence of record shows that the applicant served in the RVN during four campaigns, entitling him to wear four bronze service stars with the Vietnam Service Medal. The evidence of record also shows that the applicant met the criteria for award of the Republic of Vietnam Campaign Medal. Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal for the period ending 30 January 1970.

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 amending the applicant’s DD Form 214, for the period ending
5 June 1967, to show the award of the Army Good Conduct Medal.

2. Awarding the applicant the Air Medal with numeral 48 and correcting his DD Form 214 to show the Air Medal with numeral 48, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Campaign Medal for the period ending 30 January 1970.

BOARD VOTE:

__JHL__ __MMD__ ___REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___JoAnn H. Langston _
                  CHAIRPERSON




INDEX

CASE ID AR2001065608
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/09/19
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. 107.0018
2.
3.
4.
5.
6.



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