PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002073439


         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. Arthur A. Omartian		Chairperson
Mr. Donald P. Hupman		Member
Mr. Kenneth W. Lapin		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 Combat Medical Badge and four awards of the Air Medal (correctly known as the Air Medal with Numeral “4”).

3. The applicant states, in effect, that he has an official statement signed by a Brigadier General awarding him the Combat Medical Badge. He also contends that he is entitled to four awards of the Air Medal for every 25 combat hours he flew in Vietnam. In support of his application, he submits a copy of his DD Form 214; DA Form 1577 (Authorization for Issuance of Awards), dated 19 April 2001; an official statement of award of the Combat Medical Badge and flight records.

4. The applicant’s military records show that he enlisted on 30 October 1968 for a period of 3 years. He served as a medical specialist in Vietnam from
25 November 1969 through 6 November 1970 and was released from active duty on 29 October 1971.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Medical Badge or the Air Medal with Numeral “4” as authorized awards. His DD Form 214 does show one award of the Air Medal.

6. In support of his claim for award of the Combat Medical Badge, the applicant provided an official statement for award of the Combat Medical Badge, dated
4 September 1981, which states the applicant “is entitled to the Combat Medical Badge for satisfactory performance of medical duties in active combat while assigned as Specialist Fourth Class, 101st Aviation Battalion, 101st Airborne Division, during the period from 8 January 1970 to 2 November 1970.” This statement contains the signature block of The Adjutant General of the Army and was issued by the U.S. Army Reserve Components Personnel and Administration Center in St. Louis, Missouri, on behalf of The Adjutant General of the Army.

7. There are no orders for the Combat Medical Badge in the applicant’s service personnel records.

8. His service personnel records show that he was assigned to Headquarters and Headquarters Company, 101st Aviation Battalion of the 101st Airborne Division during his assignment in Vietnam.

9. The applicant’s service personnel records contain 101st Airborne Division (Airmobile) General Orders Number 12731, dated 25 October 1970, which show he was awarded the basic award of the Air Medal for meritorious achievement while participating in aerial flight during the period 25 January 1970 to 16 August 1970 in Vietnam.

10. The applicant provided two DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army) for the period July to October 1970 which show he flew 31 flight hours of combat time from 17 August 1970 to 15 October 1970.

11. The applicant’s service personnel records contain 197th Infantry Brigade General Orders Number 213, dated 6 October 1971, show the applicant was awarded the first award of the Good Conduct Medal for the period 30 October 1968 through 29 October 1971. This award is not shown on his discharge document.

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 8, dated 1974. This award is not shown on his discharge document.

13. Department of the Army Pamphlet 672-3 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 48, dated 1971. This award is not shown on his discharge document.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.

15. 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. Regulation 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.

16. 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.

17. 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.

18. 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.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Combat Medical Badge to the applicant.

2. The applicant’s service personnel records show that he was assigned to Headquarters and Headquarters Company, 101st Aviation Battalion of the 101st Airborne Division during his assignment in Vietnam. There is no evidence of record that shows the applicant was assigned to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which engaged in active ground combat.

3. The Board considered the official statement of award of the Combat Medical Badge provided by the applicant. However, the Board determined that this statement is not sufficient by itself as a basis for award of the Combat Medical Badge, particularly in view of the evidence of record which shows the applicant did not meet the criteria for award of the Combat Medical Badge.

4. Based on the foregoing, the Board determined that the applicant was not entitled to award of the Combat Medical Badge at the time of his service in Vietnam and is not now entitled to award of the Combat Medical Badge. Therefore, there is no basis to correct his DD Form 214 to show award of the Combat Medical Badge.

5. The applicant received the basic award of the Air Medal for the period
25 January 1970 to 16 August 1970.
6. The applicant’s DD Form 214 shows one award of the Air Medal.

7. Evidence of record shows the applicant flew an additional 31 flight hours of combat time during the period 17 August 1970 to 15 October 1970. Therefore, the applicant is entitled to one additional award of the Air Medal, for a total of two awards of the Air Medal (correctly known as the Air Medal with Numeral “2”).

8. The applicant received the first award of the Good Conduct Medal for the period 30 October 1968 through 29 October 1971. Therefore, he is entitled to correction of his DD Form 214 to show this award.

9. The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

10. 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 that the individual concerned was awarded the Air Medal with Numeral “2”, the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

AAO___ DPH_____ KWL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073439
SUFFIX
RECON
DATE BOARDED	20020924
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0113
2.	107.0018
3.	107.0000
4.
5.
6.