PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 August 2002
         DOCKET NUMBER: AR2002073261


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Irene N. Wheelwright		Member
Mr. Jose A. Martinez		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 award of the Air Medal.

3. The applicant states that he never received the Air Medal even though he was assigned to an infantry unit which regularly performed helicopter assaults. He further states that he participated in a number of assaults much greater than the 25 required for award of the Air Medal. In support of his application, he provided a 7 May 2001 statement from his former unit commander in Vietnam and an undated statement from a former soldier who served in Vietnam with the applicant.

4. The applicant’s military records show that he was inducted on 28 May 1969 and completed training as an infantryman. He was assigned to Company C of the 2nd Battalion, 5th Cavalry, on 7 December 1969 in Vietnam and served in that unit until 9 February 1970 when he was wounded as a result of hostile action and evacuated to Japan. The applicant was honorably separated from active duty on 1 March 1971.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Air Medal as an authorized award. The applicant’s DD From 214 was amended by a DD Form 215 (Correction to DD Form 214), dated 15 February 2001, and that document also does not show the Air Medal as an authorized award.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Air Medal. There also is no evidence in his records that he was recommended for award of the Air Medal. His DA Form 20 (Enlisted Qualification Record) does not list the Air Medal in item 41 (Awards and Decorations).

7. The applicant provided a statement from his former unit commander in Vietnam. Essentially, this former Army officer stated that the applicant’s service in the 1st Cavalry Division would normally entitle him to award of the Air Medal after three months of service. He further stated that companies in the 1st Cavalry Division normally engaged in an airmobile combat assault every three days and that, using that as a basis, the applicant would have participated in thirty air missions against an armed enemy within three months.

8. The applicant also provide a statement from a fellow soldier with whom he served in Vietnam. This statement essentially indicates that the applicant would have more than met the requirements for award of the Air Medal.

9. The Board noted that the applicant was eligible for award of the Good Conduct Medal which is not shown on his DD Form 214.

10. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

11. Army Regulation 600-8-22 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.

12. 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.

13. 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 applicant’s request for award of the Air Medal.

2. There are no orders in the applicant’s service personnel records which awarded the applicant the Air Medal. There is no indication in his records of a recommendation for award of the Air Medal.

3. The Board considered the statements in support of the applicant’s request for award of the Air Medal and noted, in particular, that award of the Air Medal was made for approximately three months of service based on a combat helicopter assault approximately every three days. Records show that the applicant was assigned to an infantry company in the 2nd battalion of the 5th Cavalry on 7 December 1969 and was wounded and evacuated on 9 February 1970. Therefore, he only served in that unit for a period of 60 days.

4. Based on the foregoing, the Board determined that there was insufficient evidence upon which to base award of the Air Medal in this case, particularly since there was no evidence of a recommendation for award of the Air Medal and the applicant did not serve in an infantry unit long enough by 1st Cavalry Division standards to complete enough combat assaults to qualify for award of the Air Medal.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 28 May 1969 through 1 March 1971 based on completion of a period of qualifying service ending with termination of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 first award of the Good Conduct Medal.

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

BOARD VOTE:

__JAM__ __INW__ __JNS___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mr. John N. Slone___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073261
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020815
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.