PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002069420


         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:

Ms. Joann Langston		Chairperson
Mr. John N. Slone		Member
Mr. Terry L. Placek		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal and the Aircraft Crew Member Badge.

3. The Board notes that the applicant’s original request for award of the “Air Medal with clusters” was previously considered and denied on 21 May 1997 for failure to file within the time prescribed by law.

4. The applicant states that he was eligible for the Air Medal and the Aircraft Crew Member Badge but he never received these awards. In support of his application, he submits a copy of a citation for the Air Medal; special orders, dated 30 November 1971, for award of crewmember flight status; DA Form
2496-1 (Disposition Form), dated 7 October 1971; two photographs; three eyewitness statements; a copy of his DD Form 214; and copies of his service personnel records.

5. The applicant’s military records show that he was inducted on 18 January 1971. He served as a helicopter repairman in Vietnam from 2 July 1971 through 14 February 1972 and was honorably released on 3 November 1972.

6. The applicant’s DD Form 214 does not show the Air Medal or the Aircraft Crew Member Badge as authorized awards.

7. There are no orders for the Air Medal in the applicant’s service personnel records. There are also no flight hours recorded in the applicant’s service personnel records.

8. In support of his claim for the Air Medal, the applicant provided a citation which shows he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in Vietnam during the period 27 July 1971 to 30 December 1971. The citation also states that the applicant participated in
175 aerial missions during this time.

9. The applicant also provided a copy of special orders, dated 30 November 1971, which show he was awarded crewmember flight status as a door gunner effective 10 October 1971.

10. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he completed advanced individual training (AIT) in military occupational specialty (MOS) 67A (aircraft maintenance apprentice). His DA Form 20 (Enlisted Qualification Record) also shows that he was awarded primary MOS 67N (helicopter repairman) effective 10 October 1971.

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
12. 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 6, dated 1974. This award is not shown on his discharge document.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

16. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

17. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

18. Army Regulation 600-8-22 provides that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The Board considered the citation for award of the Air Medal provided by the applicant. However, the applicant has provided no orders to support this citation. The governing regulation states that all awards will be announced in orders and the applicant has not provided any orders. Based on the foregoing, the Board determined that this citation is not sufficient as a basis for award of the Air Medal.

2. However, evidence of record does show that the applicant was a helicopter repairman during his assignment in Vietnam. Evidence of record also shows that the applicant was awarded crewmember flight status as a door gunner effective 10 October 1971. Although there is no evidence which shows the applicant’s number of hours or missions flown as a door gunner, in accordance with the governing regulation, 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. Therefore, the Board concludes that it is reasonable to assume that the applicant completed at least 25 hours of flight time as a door gunner between
10 October 1971 and the end of his tour in Vietnam on 14 February 1972. Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the basic Air Medal in this case.

3. Evidence of record shows the applicant successfully completed AIT in MOS 67A. Therefore, he is entitled to award of the Aircraft Crew Member Badge.

4. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 18 January 1971 through 3 November 1972 ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.
6. 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 basic Air Medal, the Aircraft Crew Member Badge, the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

JL_____ JNS_____ TLP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069420
SUFFIX
RECON
DATE BOARDED	20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0118
3.	107.0000
4.
5.
6.