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Decision Text

ARMY | BCMR | CY2002 | 2002080169C070215
Original file (2002080169C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080169


         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. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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 an unspecified number of Air Medals, one of which is for valor.

3. The applicant states that he was never awarded any Air Medals with "V" Device while acting as a crew chief with the 15th Medical Battalion in Vietnam. He also contends, in effect, that his flight record shows that he flew 315 hours of combat assault time equating to 12 awards of the Air Medal. In support of his application, he submits DA Form 759-1 (Individual Flight Record and Flight Certificate), Sheet Number 1-6, for the period May 1970.

4. The applicant’s military records show that he enlisted on 2 October 1969 for a period of 3 years. He served as a helicopter repairman in Vietnam from 5 August 1969 through 7 August 1970. On 30 December 1971, the applicant was separated with a general discharge under the provisions of Army Regulation
635-200, chapter 10, for the good of the service.

5. The applicant's DD Form 214 does not show the Air Medal or the Air Medal with "V" Device as authorized awards.

6. There are no orders for the Air Medal or the Air Medal with "V" Device in the applicant's service personnel records.

7. There are no flight hours recorded in the applicant's service personnel records.

8. The applicant provided DA Form 759-1 (Individual Flight Record and Flight Certificate), Sheet Number 1-6, for the period May 1970. This record shows that the applicant flew 83 combat hours as a crewmember from 1 May through
22 May 1970. Item 32 (Total Brought Forward from Sheet No. 1-5) on this DA Form 759-1 shows the entry, "222.0." Item 33 (Totals to Date) on this DA Form 759-1 shows the entry, "315."

9. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary military occupational specialty (MOS) 67N (helicopter repairman) on 27 June 1969.

10. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show he participated in four campaigns during his assignment 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 Valorous Unit Award for actions on 1 May - 29 June 1970 by Department of the Army General Orders Number 43, 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) 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 June 1968 to 30 November 1969 by Department of the Army General Orders Number 2, dated 1971. This award is not shown on his DD Form 214.

13. 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 11, dated 1973. This award is not shown on his DD Form 214.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972. This award is not shown on his DD Form 214.

15. 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.

16. Regulation 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.

17. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 MOS’s.

19. 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. There are no flight records available in the applicant's service personnel records.

2. The Board reviewed the flight record provided by the applicant which shows he flew 83 combat hours during the period May 1970. The Board also noted that this flight record indicates that the applicant had flown a total of 315 combat hours to date. However, in the absence or orders or the applicant's complete flight records (DA Form 759-1 (Individual Flight Record and Flight Certificate) Sheet Numbers 1-5), the Board determined that the flight record for the period May 1970 is sufficient as a basis for only three awards of the Air Medal (based on the 83 combat hours flown during May 1970). Therefore, the applicant's DD Form 214 should be corrected to show three awards of the Air Medal (correctly known as the Air Medal with Numeral "3").

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received the Air Medal with "V" Device. Therefore, there is no basis for granting the applicant's request for award of the Air Medal with "V" Device.

4. Evidence of record shows the applicant was awarded primary MOS 67N on 27 June 1969. Therefore, the applicant is entitled to the Aircraft Crew Member Badge and correction of his DD Form 214 to show this badge.

5. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.

6. The applicant's unit received the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class 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.

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 "3", the Aircraft Crew Member Badge, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

MHM___ CLG____ MMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Melvin H. Meyer______
                  CHAIRPERSON




INDEX

CASE ID AR2003080169
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0018
2. 107.0000
3.
4.
5.
6.


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