PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002076622


         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. Edmund P. Mercanti		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 he be awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM).

3. The applicant states he was an infantryman who served in Vietnam as a door gunner on a helicopter.

4. The applicant’s military records show that he enlisted in the Regular Army on 19 February 1971, was awarded the military occupational specialty (MOS) of infantryman, and was promoted to pay grade E-4.

5. He served in Vietnam from 31 January to 13 August 1972. While in Vietnam, he served as a door gunner in a cavalry unit.

6. He was honorably released from active duty on 12 December 1972. His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal with 1960 Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7. Army Regulation 600-8-22 provides that the Good Conduct Medal (GCM) 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 GCM, disqualification must be justified. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the GCM.

8. This regulation also provides that the (then) Aircraft Crewman Badge (now the Aircraft Crewmember Badge, or ACMB) may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who hold principal assignments as observers, medical aidmen, gunners, maintenance supervisors or technical inspectors.

9. This regulation further states that for award of the CIB, a soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. In addition, the soldier must hold an infantry or special forces specialty, and he must satisfactorily perform duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

10. This regulation provides that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties). In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the AM. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.

11. U.S Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the AM. It defined the departure point for the award of the AM based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions). However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit. The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident. The individual must have continuously demonstrated a high degree of air discipline. And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended. There was no provision for making the award simply because an aircraft was struck by enemy fire.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Register) provides that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross unit citation with palm.

CONCLUSIONS:

1. While the applicant held the MOS of infantryman, while in Vietnam he was not assigned to an infantry unit and did not perform duties as an infantryman. As such, he is not entitled to the CIB.

2. Since the applicant performed duties as a door gunner on a helicopter, he is entitled to the ACMB.

3. However, since the number and type of missions flown by the applicant is not a matter of record, there is insufficient evidence on which to base an award of the AM.

4. He is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5. The Board also notes that the applicant’s record only reflects exemplary conduct, efficiency and fidelity. As such, it would appear that his failure to be awarded the GCM was an oversight.

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 awarding to the individual concerned the ACMB, the GCM, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:

__rwa___ ___bpi___ ___kyf___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Roger W. Able____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076622
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021212
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.