PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002073523


         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. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Ms. Karen A. Heinz		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 records to show award of the Distinguished Flying Cross and nine additional awards of the Air Medal.

3. The applicant states that he only received seven of the 16 Air Medals to which he is entitled and he is submitting four pages of flight records which show over 400 hours of flight time. He also contends that his commanding officer stated that he recommended the applicant and seven fellow soldiers for award of the Distinguished Flying Cross, but he never received this award.

4. The Board noted the applicant’s request for award of the Distinguished Flying Cross. However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code. He has been notified by separate correspondence regarding submission of a recommendation for award of the Distinguished Flying Cross under this provision of law. As a result, award of the Distinguished Flying Cross requested by the applicant is not discussed further in these Proceedings.

5. The applicant served during World War II and subsequently served in the Army Reserve. He returned to active duty in December 1951 and served in Vietnam from 8 January 1963 until 23 December 1963. The applicant was transferred to the Retired Reserve on 31 October 1966.

6. Records show the applicant received his first award of the Air Medal for meritorious achievement during the period 7 to 14 March 1962 for helicopter missions flown in support of flood relief operations in the states of Virginia and Maryland.

7. The applicant was awarded the second award of the Air Medal (Air Medal First Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 138, dated 14 June 1963. This award of the Air Medal was based on the period of service from 19 January 1963 to 25 February 1963.

8. The applicant was awarded the third award of the Air Medal (Air Medal Second Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 139, dated 14 June 1963. This award of the Air Medal was based on the period of service from 26 February 1963 to 13 April 1963.

9. The applicant was awarded the fourth award of the Air Medal (Air Medal Third Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 314, dated 30 October 1963. This award of the Air Medal was based on the period 14 April 1963 to 26 May 1963.

10. The applicant was awarded the fifth award of the Air Medal (Air Medal Fourth Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 314, dated 30 October 1963. This award of the Air Medal was based on the period 27 May 1963 to 6 July 1963.

11. The applicant was awarded the sixth award of the Air Medal (Air Medal Fifth Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 316, dated 31 October 1963. This award of the Air Medal was based on the period 10 August 1963 to 8 September 1963.

12. The applicant was awarded the seventh award of the Air Medal (Air Medal Sixth Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 61, dated 24 January 1964. This award of the Air Medal was based on the period service from 9 September 1963 to 27 September 1963 February 1963.

13. The applicant was awarded the eighth award of the Air Medal (Air Medal Seventh Oak Leaf Cluster) by United States Army Support Group, Vietnam, General Orders Number 63, dated 27 January 1964. This award of the Air Medal was based on the period service from 28 September 1963 to 218 October 1963.

14. The applicant’s records do not contain orders awarding him any additional awards of the Air Medal.

15. In support of his application the applicant submitted three DA Forms 759 (Individual Flight Record—Army Aviator). These documents show dates beginning 19 January (no year indicated) and ending 2 October (no year indicated). The heading information on these flight records is not completed and the forms are not authenticated. These DA Froms 759 show that approximately 330 hours of combat support and support missions were flown.

16. The applicant also submitted two typewritten pages entitled “COMBAT SUPPORT FLIGHT TIME.” These pages show dates beginning 19 January 1963 and ending with 10 December 1963. Under each month is listed the day date and the hours flown. In order to review this data, it has been arrayed based on awards of the Air Medal awarded by United States Army Support Group, Vietnam, General Orders as follows:

         a. 19 January through 25 February 1963: 31.8 hours; Second award of Air Medal; General Orders 138.

         b. 26 February through 13 April 1963: 41.8 hours; Third award of Air Medal; General Orders 139.

         c. 14 April through 26 May 1963: 53.9 hours; Fourth award of Air Medal;
General Orders 314.


         d. 27 May through 6 July 1963: 40 hours; Fifth Award of Air Medal;
General Orders 316.

         e. 10 July through 9 August 1963: 77.3 hours; no award of Air Medal

         f. 10 August through 8 September 1963: 42.5 hours; Sixth award of Air Medal; General Order 316.

         g. 9 September through 27 September 1963: 38.9 hours; Seventh award of Air Medal; General Orders 61.

         h. 28 September through 18 October 1963: 28.9 hours; Eighth award of Air Medal; General Orders 63.

         i. 19 October through 10 December 1963: 71 hours; no awards of Air Medal.

17. 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.

18. Army Regulation 600-8-22 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.

19. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) was not in effect until after the applicant’s service in Vietnam. However, this regulation provided pertinent guidelines during the Vietnam War for award of the Air Medal. It established that aircraft crew members were eligible for award of the Air Medal 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. Fifty Category II missions (armed and visual reconnaissance, and support immediately before, during and after combat assault operations) with accrual of a minimum of 50 flight hours also warranted award of the Air Medal for sustained operations. One hundred Category III missions (resupply, chemical spray, transport of troops, aircraft recovery, flare drop or other mission characterized by support of friendly forces not connected with an immediate combat operation) with accrual of a minimum of 100 flight hours also warranted award of the Air Medal for sustained operations. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to award of the Air Medal.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he had received seven awards of the Air Medal and was entitled to nine additional awards of the Air Medal.

2. General Orders show that the applicant was awarded seven Air Medals during his service in Vietnam from 19 January 1963 through 18 October 1963 and currently has a total of eight awards of the Air Medal.

3. The Board reviewed the documentation submitted by the applicant which shows that participated in helicopter operations in Vietnam from 19 January 1963 through 10 December 1963 and that he flew approximately 425 hours of combat support or support missions during that period.

4. The Board also noted that the United States Army Support Group, Vietnam, published General Orders authorizing the applicant the second through eighth awards of the Air Medal during the period 19 January 1963 through 18 October 1963. However, there is no evidence in regard to the criteria (number of missions or hours flown by type mission) used as a basis for award of the seven Air Medals received by the applicant during his service in Vietnam. The list of flight hours submitted by the applicant demonstrates that the number hours flown as a basis for each award of the Air Medal varied substantially from a low of 28 hours to a high of 53 hours.

5. The Board also noted that the applicant did not receive award of the Air Medal for the period 10 July through 9 August 1963 during which time he claims that he flew approximately 77 hours of combat support and support missions.

6. The Board also noted that the applicant did not receive an Air Medal for the period 19 October 1963 through 10 December 1963 during which time he claims that he flew 71 hours of combat support and support missions.

7. The Board noted the unusual manner in which the United States Army Support Group, Vietnam, published General Orders for awards of the Air Medal in that they were published in groups covering a period of several months and that they were published well after flight hours had been flown. Specifically, General Orders 314 and 316, dated 30 October and 31 October 1963, respectively, covered flight operations during the period May through September; General Orders 61, dated 24 January 1964, covered the period service from 9 September 1963 to 27 September 1963; and General Orders Number 63, dated 27 January 1964 covered period service from 28 September 1963 to 18 October 1963.

8. Based on the foregoing, the Board determined that the United States Army Support Group, Vietnam, properly awarded all Air Medals to which the applicant was entitled and published proper General Orders awarding the applicant the second through eighth awards of the Air Medal for the period of service from 19 January 1963 through 18 October 1963.

9. Further, the Board noted that an Air Medal was not awarded to the applicant for approximately 77 flight hours during the period 10 July 1963 through 9 August 1963. However, in the absence of any evidence confirming there was a lost award recommendation or error by the award approval authority, the Board determined there is no basis at this time to overturn the decision of the chain of command and/or the award approval authority not to award an Air Medal to the applicant for this period of service.

10. The Board also determined that there is sufficient evidence to show that the applicant flew approximately 70 hours of combat support and support missions during the period 19 October 1963 and 10 December 1963. In the absence of guidance on awards of the Air Medal prior to the publication of USARV Regulation 672-1, the Board used the guidelines established in USARV Regulation 672-1 for Category II and Category III missions, to determine that the applicant would have been entitled to at least one but not more than two additional awards of the Air Medal for the period 19 October 1963 through 10 December 1963. This determination is also consistent with the rate at which the applicant received Air Medals over the preceding nine months.

11. Based on all of the foregoing, the Board determined that it would be appropriate to award the applicant two additional awards of the Air Medal for the period of service from 19 October 1963 through 10 December 1963 for a total of 10 awards of the Air Medal.

12. 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 two additional awards of the Air Medal for his service in Vietnam during the period 19 October 1963 through 10 December 1963 and that he is entitled to a total of 10 awards of the Air Medal, correctly known as the Air Medal with numeral “10.”

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

BOARD VOTE:

__KAH__ __AAO__ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073523
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020730
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.	107.0018.0000
2.
3.
4.
5.
6.