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Decision Text

ARMY | BCMR | CY2002 | 2002077186C070215
Original file (2002077186C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002077186


         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:

Ms. Kathleen A. Newman Chairperson
Ms. Gail J. Wire Member
Mr. Patrick H. McGann 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.


2. The applicant requests award of the Air Medal and the Combat Readiness Medal.

3. The applicant states that he flew various combat missions as a gunner/observer and engaged in several firefights with the enemy. In support of his application, he submits DA Form 759 (Individual Flight Record and Flight Certificate (Part I)) for the period January-February 1972; DA Form 759-1 (Individual Flight Record and Flight Certificate (Part II)) for the period January-February 1972; a letter, dated 15 October 2001, from the National Personnel Records Center; DD Form 47 (Record of Induction); DA Form 20 (Enlisted Qualification Record); DD Form 214 (Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

4. The applicant’s military records show that he was inducted on 16 September 1970. He served as a helicopter repairman in Vietnam from 10 May 1971 through 13 March 1972 and was honorably released from active duty on
14 March 1972. The Board notes the applicant was separated from the service on temporary records and a soldier’s affidavit.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Air Medal or the Combat Readiness Medal as authorized awards.

6. The National Defense Service Medal is the only award shown in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214.

7. A DD Form 215 (Correction to DD Form 214), dated 14 November 1983, amended the applicant’s DD Form 214 to show award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Ribbon with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

8. In support of his claim for award of the Air Medal, the applicant provided flight records which show he flew 23 combat hours during the period January to February 1972. However, there is no indication on these records of the number of missions flown.

9. There are no orders for the Air Medal in the applicant’s service personnel records. There also is no recommendation for award of the Air Medal in the applicant’s records.

10. There are no orders for the Combat Readiness Medal in the applicant’s service personnel records. There also is no evidence that the applicant met the qualifications for award of the Combat Readiness Medal.
11. The applicant’s DD Form 214 shows the applicant was awarded military occupational specialty (MOS) 67U (helicopter repairman) on 16 March 1971. The available records also show the applicant served in MOS 67U during his assignment in Vietnam.

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. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations. Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R. The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit”.

14. Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Readiness Medal was authorized by the Secretary of the Air Force on 9 March 1964. It is awarded to members of the U.S. Air Force, U.S. Air Force Reserve Service members, and Service members of other Services after 1 August 1960 for sustained individual combat or mission readiness or preparedness for direct weapon-system employment. Specifically, a Service member must meet all the following criteria: (1) member of a unit subject to combat readiness reporting; (2) individually certified as combat and/or mission ready and been subject to a continuous individual positional evaluation program, according to a major command or higher headquarters standards; and
(3) complete 24 months of sustained combat and/or mission readiness with no more than a 120 calendar-day break.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.
16. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

17. 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. The Board notes that the applicant was separated from the service on temporary records and a soldier’s affidavit.

2. The Board considered the applicant’s flight records provided in support of his claim for the Air Medal. However, the Board noted that the applicant only flew
23 combat hours when 25 combat hours were required. The Board also noted there are no orders for award of the Air Medal or a recommendation for award of the Air Medal in the applicant’s service personnel records. Therefore, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

3. The Board considered the applicant’s contention that he is entitled to the Combat Readiness Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for an award or met the qualifications for an award of the Combat Readiness Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Readiness Medal in this case.

4. The applicant’s DD Form 214 shows that he was awarded MOS 67U effective 16 March 1971. The available records also show that he served in MOS 67U during his assignment in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show award of the Aircraft Crew Member Badge.

5. Based on the applicant’s service in Vietnam from 10 May 1971 through
13 March 1972, the applicant is entitled to one Oversea Service Bar. Therefore, his DD Form 214 should be amended 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 that the individual concerned was awarded the Aircraft Crew Member Badge and one Oversea Service Bar.

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

BOARD VOTE:

KAN___ GJW_____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Kathleen A. Newman__
                  CHAIRPERSON




INDEX

CASE ID AR2002077186
SUFFIX
RECON
DATE BOARDED 20030123
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0018
2. 107.0000
3.
4.
5.
6.


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