PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002068579


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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, in effect, that his DD Form 214 with an effective date of 29 February 1972 be corrected to show all of his awards of the Air Medal earned during his two tours in Vietnam.

3. The applicant states, in effect, that all of his awards of the Air Medal earned during his two tours in Vietnam were not carried forward on his final DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 28 January 1966 for a period of 2 years. He was honorably discharged on
13 February 1967 to accept appointment as a Warrant Officer. The applicant was appointed a Warrant Officer One on 14 February 1967. He served as a helicopter pilot in Vietnam from 6 March 1967 through 3 March 1968 and was honorably discharged as a Warrant Officer Two on 19 June 1969 to accept a commission as a Reserve officer. The applicant was commissioned as a second lieutenant on 20 June 1969. He served as an aviator in Vietnam from 28 March 1970 through 27 March 1971 and was released from active duty on 29 February 1972 in the rank of captain.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 with an effective date of 29 February 1972 shows the Army Commendation Medal.

6. Item 21 (Awards and Decorations) on the applicant’s DA Form 66 (Officer Qualification Record) shows entitlement to the Army Aviator Badge, the National Defense Service Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, one award of the Air Medal, one award of the Air Medal with “V” Device, two Overseas Service Bars, the Distinguished Flying Cross, the Purple Heart and the Army Commendation Medal.

7. DA Form 759 (Individual Flight Record and Flight Certificate) for the period January to February 1968 shows the applicant had 901 flight hours of combat time during his first tour in Vietnam.

8. 1st Cavalry Division (Airmobile) General Orders Number 2423, dated 18 May 1967, show that the applicant was awarded the basic Air Medal for the period
16 March 1967 to 26 March 1967.

9. 1st Cavalry Division (Airmobile) General Orders Number 1254, dated 4 March 1968, show that the applicant was awarded the Air Medal (First through Thirty Third Oak Leaf Clusters) for the period 27 March 1967 to 24 February 1968.



10. 1st Cavalry Division (Airmobile) General Orders Number 6532, dated
28 June 1968, show that the applicant was awarded the Air Medal with “V” Device for heroism while participating in aerial flight on 22 November 1967 in Vietnam.

11. DA Form 759 (Individual Flight Record and Flight Certificate) covering the period December 1971 to February 1972 shows the applicant had an additional 488 flight hours of combat time during his second assignment in Vietnam, for a total of 1389 flight hours of combat time. There are no orders for additional awards of the Air Medal in the applicant’s service personnel records.

12. The applicant’s service personnel records contain 1st Cavalry Division (Airmobile) General Orders Number 2130, dated 10 April 1968, which show he was awarded the Bronze Star Medal for meritorious service during the period March 1967 to March 1968. This award is not shown on his discharge document.

13. The applicant’s DA Form 66 shows that he participated in four campaigns during his assignments in Vietnam.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 27 January 1967 to 4 April 1967. This award is not shown on his discharge document.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969. This award is not shown on his discharge document.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 32, dated 1973. This award is not shown on his discharge document.

17. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. The regulation, in effect at the time, states in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized in item 21 on the DA Form 66 (Officer Qualification Record), or the DA Form 20 (Enlisted Qualification Record), will be entered in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214.

18. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that 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) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

19. Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.

20. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. Evidence of record shows the applicant had 901 flight hours of combat time during his first tour in Vietnam. Evidence of record also shows that he was awarded 35 awards of the Air Medal for his first tour in Vietnam, one of which was for valor.

2. Evidence of record shows the applicant completed an additional 488 flight hours of combat time during his second tour in Vietnam. There are no orders for the Air Medal during the applicant’s second tour in Vietnam. Therefore, the Board determined that the applicant is entitled to 19 additional awards of the Air Medal, for a total of 54 awards of the Air Medal.

3. In accordance with Army Regulation 635-5, in effect at the time, the applicant is entitled to correction of his DD Form 214 with an effective date of 29 February 1972 to show award of the Army Aviator Badge, the National Defense Service Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Air Medal with Numeral “54” with “V” Device, two Overseas Service Bars, the Distinguished Flying Cross, the Purple Heart, the Bronze Star Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4. 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 individual concerned was awarded the Army Aviator Badge, the National Defense Service Medal, the first award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Air Medal with Numeral “54” with “V” Device, two Overseas Service Bars, the Distinguished Flying Cross, the Purple Heart, the Bronze Star Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 29 February 1972.

BOARD VOTE:

RVO___ RWA____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068579
SUFFIX
RECON
DATE BOARDED	20020620
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0000
3.
4.
5.
6.