PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002070201


         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. Lee Cates		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Donald P. Hupman, Jr.		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 records be corrected to show award of the Silver Star (SS) for action on 23 December 1969 and approximately 15 subsequent awards of the Air Medal (AM).

3. The applicant describes his experiences in Vietnam and his understanding of the awards system as pertaining to the awarding of AMs. He provides copies of his orders awarding the Purple Heart (PH) and an AM, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 16 July 1970, and his flight records. Counsel for the applicant calls attention to the orders for the PH and AM and indicates he has pointed out errors and injustices that occurred in his case.

4. The applicant’s military records show that he was inducted into the Army of the United States on 9 December 1968. He completed his required training and was awarded military occupational specialty 67N (Helicopter Repairman) on 8 May 1969. He was promoted to pay grade E-5, effective 16 March 1970.

5. During the period 9 June 1969 to 16 July 1970, he served in the 57^th Aviation Company (Assault Helicopter) in Vietnam.

6. General Orders Number (GO#) 5999, 1^st Aviation Brigade, dated 18 November 1969 announced award of the AM to the applicant for meritorious achievement while participating in aerial flight for the period 22 August to 5 September 1969. He annotated the certificate to show “10 days and a total of 53.5 flight hours.” The order does not show flying hours.

7. GO# 4, 1^st Aviation Brigade, dated 19 January 1970 announced award of the PH for wounds received on 23 December 1969; GO# 6, dated 26 January 1970 for wounds received on 4 January 1970 and GO# 39, dated 10 July 1970 for wounds received on 10 January 1970.

8. On 16 July 1970, he was honorably separated in pay grade E-5 under Army Regulation 635-200, chapter 5, Section VII, based on being an overseas returnee. His conduct and efficiency ratings were excellent. His DD Form 214 indicates he had 1 year, 7 months, and 8 days of creditable service. It also indicates that he was entitled to award of the PH with 1 oak leaf cluster (OLC), the AM, the National Defense Service Medal, the Vietnam Service Medal, the Aircraft Crewmember Badge, and the Republic of Vietnam Campaign Medal with Device (1960). His record also shows 902 flight hours.

9. Army Regulation (AR) 600-8-22 provides, in pertinent part, that the AM 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. The regulation further provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. The numeral 2 denotes the second award of the AM.

10. U.S Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM. 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 AM. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. There was no provision for making the award simply because an aircraft was struck by enemy fire. Fifty Category II missions (armed and visual reconnaissance, and support immediately before, during and after combat assault operations) were the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.

11. AR 600-8-22 provides, in pertinent part, that the SS is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Conduct and efficiency ratings must be “excellent”, except for schooling where “good” is qualifying. 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 GCMDL, disqualification must be justified.

13. The regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crewman Badge (currently known as the Aircraft Crew Member Badge). The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

14. AR 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award (VUA) to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

15. 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 VUA for the period 14 August 1969 to 20 January 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, by Department of the Army General Order Number 5, dated 1973.

16. AR 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the DD Form 214. The regulation states that authorized bronze service stars will be worn of the appropriate campaign or service medal. In addition, a silver service star is authorized in lieu of five bronze service stars.

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17. AR 600-8-22 also provides the rules for processing the DA Form 638 (Award Recommendation), which is required to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations. Table 3-3 (Delegation of Award Approval Authority-Wartime Conditions) indicates that Commanding Generals of a U.S. Army Force in the rank of General is authorized to approve the award of the SS.

18. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

19. The evidence of record shows that he participated in 902 hours of flight during his tour of duty in Vietnam. He was awarded the AM for his first 53.5 hours of flight, thereby setting the standard.

CONCLUSIONS:

1. The Board notes that he has not yet exhausted his administrative remedies in pursuing his claim of entitlement to the SS. By law, he may request that he be awarded the SS through his Member of Congress under the provisions of 10 USC 1130, an option he may still wish to pursue. The Board will not review this issue at this time.

2. The evidence of record shows that he participated in 902 hours of flight during his tour of duty in Vietnam. He was awarded the AM for his first 53.5 hours of flight, thereby setting the standard. His remaining 848.5 fight hours are divided by the 50 required hours and he should be awarded an additional 17 AMs (numeral 2 through 18). His record should be corrected accordingly.

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3. The Board notes he is entitled to award of the GCMDL for the period 9 December 1968 through 16 July 1970; the VUA for the period 14 August 1969 to 20 January 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 July to 16 July 1970; and the Aircraft Crew Member Badge, and 1 silver and 1 bronze service star to denote participation in the following campaigns: Vietnam Counteroffensive, Phase VI (2 Nov – 22 Feb 69); TET 69 Counteroffensive, 1969 (23 Feb – 8 Jun 69); Vietnam Summer-Fall
1969 (9 Jun – 31 Oct 69); Vietnam Winter-Spring 1870 (1 Nov 69 – 30 Apr 70); Sanctuary Counteroffensive (1 May – 30 Jun 70); and Vietnam Counteroffensive, Phase VII (1 Jul 70 – 30 Jun 71).

4. The applicant is advised that if he elects to pursue his claim of entitlement to the SS by pursuing this administrative remedy, he should submit a packet that includes the following documents through a Member of Congress to the Commander, PERSCOM, ATTN: TAPC-PDA, Alexandria, VA 22332-0471: a separate award recommendation (DA Form 638) for each of the awards in question, in this regard, anyone with first hand knowledge of his actions may recommend him for an award; a narrative of the actions performed, including the date of the action for which the award is recommended; and any sworn affidavits, eyewitness statements, and related unit historical documents that support the awards in question. If after exhausting this administrative remedy, the awards in question are denied, and the applicant still believes that he is entitled to the awards, he may reapply to this Board with proof of the denial.

5. The Board also notes he was awarded and should be given credit for one additional award of the PH for a total of three PHs, i.e., PH with 2 oak leaf clusters (OLC).

6. 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 showing the individual concerned was awarded the AM with numerals 2 through 18; the VUA for the period 14 August 1969 to 20 January 1970; the GCMDL for the period 9 December 1968 through 16 July 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 to 16 July 1970; the Aircraft Crew Member Badge; the Vietnam Service Medal with 1 silver and 1 bronze service star; and the PH with 2 OLC.

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

BOARD VOTE:

_DPH___ _TBR___ __RVO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070201
SUFFIX
RECON
DATE BOARDED	20021107
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Partial
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.