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Decision Text

ARMY | BCMR | CY2002 | 2002079020C070215
Original file (2002079020C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002079020


         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 award of the Air Medal.

3. The applicant states, in effect, that it was his understanding that 300 hours of flying time would entitle you to an award of the Air Medal. He contends that he had 400 hours of flying time.

4. The applicant’s military records show that he was inducted on 14 October 1965. He served as an aircraft rotor and propeller repairman in Vietnam from
21 May 1966 through 18 May 1967 and was honorably released from active duty on 13 October 1967.

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

6. There are no orders for the Air Medal in the applicant’s service personnel records. There are no flight hours recorded in the applicant’s service personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award. His records show that he participated in two campaigns during his assignment in Vietnam.

8. 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 1967 to 31 December 1967 by Department of the Army General Orders Number 48, dated 1968. This award is not shown on his DD Form 214.

9. 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 46, dated 1969. This award is not shown on his DD Form 214.

10. 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.

11. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he had 400 hours of flying time. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

2. There is no evidence of record available to the Board which shows the applicant was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Air Medal in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

4. 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 to show these unit awards.

5. 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 Vietnam Service Medal with two bronze service stars, 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




                  ___Raymond V. O'Connor_____
                  CHAIRPERSON




INDEX

CASE ID AR2002079020
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. 107.0000
3.
4.
5.
6.


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