PROCEEDINGS


         IN THE CASE OF:
         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002078598
         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. Raymond V. O'Connor		Chairperson
Ms. Gail J. Wire		Member
Mr. Robert J. Osborn		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 29 January 1971 to show
23 awards of the Air Medal, one of which is for valor and the Bronze Star Medal.

3. The applicant states that his discharge document should reflect 23 awards of the Air Medal, one of which was for valor, and the Bronze Star Medal. He contends, in effect, that he received two awards of the Air Medal (Second Award); therefore, he is entitled to a total of 23 awards, not 22 awards as reflected on his award certificate. In support of his application, he submits a citation and award certificate for the basic Air Medal; orders for the Air Medal (First Oak Leaf Cluster) with "V" Device; an award certificate for the Air Medal (Second Award) for heroism, dated 23 June 1970; an award certificate for the Air Medal (Second Award) for heroism, dated 9 July 1970; an award certificate for the Air Medal (Third through Twenty-Second Award); and an award certificate for the Bronze Star Medal.

4. The applicant’s military records show that he enlisted on 13 May 1968 for a period of 2 years. He completed basic combat training and warrant officer candidate school and was honorably discharged to accept a warrant officer appointment on 20 April 1969. On 21 April 1969, the applicant was appointed a Warrant Officer One. He served as a helicopter pilot in Vietnam from 2 July 1969 through 28 June 1970 and was honorably released from active duty on
29 January 1971 in the rank of Chief Warrant Officer Two.

5. The applicant’s DD Form 214 with an effective date of 29 January 1971 shows the "Air Medal with Oak Leaf Cluster" and does not show the Bronze Star Medal.

6. The applicant’s DD Form 214 with an effective date of 29 January 1971 does show the Air Medal with First Oak Leaf Cluster as an authorized award. His records contain 44th Medical Brigade General Orders Number 1028, dated
20 October 1969, which show the applicant received the basic Air Medal for meritorious achievement during the period 8 July 1969 to 10 August 1969 in Vietnam.

7. The applicant’s records also contain U.S. Army Medical Command, Vietnam, General Orders Number 930, dated 19 May 1970, which show the applicant received the Air Medal (First Oak Leaf Cluster) with “V” Device for heroism on
10 March 1970 in Vietnam.

8. The applicant provided two award certificates, dated 23 June 1970 and 9 July 1970, which were authenticated by the Commanding General of the U.S. Army Medical Command Vietnam. These certificates show the applicant received the Air Medal (Second Award) for heroism on 10 March 1970 in Vietnam.

9. The applicant provided an award certificate, dated 30 July 1970, which shows he received the Air Medal (Third through Twenty-Second Award) for meritorious achievement for the period 10 August 1969 to 20 June 1970. His flight records show that he flew approximately 690 combat hours during this period.

10. There are no orders for the Bronze Star Medal in the applicant’s service personnel records. However, the applicant provided an award certificate, dated 23 July 1970, authenticated by the Commanding General of the U.S. Army Medical Command Vietnam that shows the applicant was awarded the Bronze Star Medal for meritorious achievement for the period July 1969 to July 1970 in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1969 to 30 April 1970 by Department of the Army General Orders Number 24, dated 1972. This award is not shown on his DD Form 214.

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 DD Form 214.

13. 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.

14. Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

15. Army Regulation 600-8-22 (Military Awards) 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. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

CONCLUSIONS:

1. The applicant’s DD Form 214 with an effective date of 29 January 1971 shows he received two awards of the Air Medal.

2. Evidence of record shows the applicant received the basic Air Medal for meritorious achievement during the period 8 July 1969 to 10 August 1969 in Vietnam.

3. Evidence of record also shows the applicant received a second award of the Air Medal for heroism on 10 March 1970 in Vietnam. Notwithstanding the two award certificates for the Air Medal (Second Award) for heroism provided by the applicant, he has presented no orders which show that he received the Air Medal with "V" Device for two different actions on 10 March 1970. Therefore, the Board determined that these awards are duplicate awards and the applicant is only entitled to one award of the Air Medal with "V" Device for actions on 10 March 1970.

4. The applicant provided an award certificate for the Air Medal (Third through Twenty-Second Award) for meritorious achievement during the period 10 August 1969 to 20 June 1970. His flight records show that he flew approximately 690 combat hours during this period. Upon review, the Board determined that this award certificate is sufficient as a basis for 20 awards of the Air Medal, a total of 22 awards of the Air Medal. Therefore, the applicant’s DD Form 214 with an effective date of 29 January 1971 should be corrected to show award of the Air Medal with Numeral “22” with “V” Device.

5. There are no orders available to the Board that authorize award of the Bronze Star Medal to the applicant. However, the applicant has provided an award certificate authenticated by the Commanding General of the U.S. Army Medical Command Vietnam that shows the applicant was awarded the Bronze Star Medal for meritorious achievement on 23 July 1970. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Bronze Star Medal. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 29 January 1971.
6. The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 29 January 1971 to show these unit awards.

7. 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 “22” with “V” Device, the Bronze Star Medal, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

RVO____ GJW___ RJO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




________________
CHAIRPERSON

---

INDEX

CASE ID	AR2002078598
SUFFIX
RECON
DATE BOARDED	20030213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0014
3.	107.0000
4.
5.
6.