PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003084536


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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 additional Air Medals that he should have received for his second tour of duty in Vietnam during the period of May 1969 to May 1970.

3. The applicant states, in effect, that he was awarded the Air Medal (AM) with 13 oak leaf clusters (OLC) during his first tour in Vietnam (28 August 1966 to 1 July 1967); however, he never received any additional awards of the AM during his second tour in Vietnam (May 1969 to May 1970). In support of his application he submits copies of his flight records for the period in question.

4. The applicant’s military records show that he initially enlisted in the Regular Army on 8 June 1953 and served until he was honorably discharged on 18 July 1966, to accept a warrant officer appointment with a concurrent call to active duty. He was appointed as a United States Army Reserve (USAR) warrant officer one (WO1) on 19 July 1966, upon graduation from warrant officer (rotary wing) flight training, with a concurrent call to active duty.

5. He was transferred to Vietnam on 28 August 1966 and served as a helicopter pilot during his entire tour and flew 691 hours of combat time. He was awarded the AM with 13 OLC for his time in Vietnam with Troop D, 1^st Squadron, 4^th Cavalry. He was also awarded the Distinguished Flying Cross (DFC) with 1 OLC, and the Army Commendation Medal (ARCOM) with 1 OLC. He departed Vietnam on 1 July 1967.

6. He returned to Vietnam on 15 May 1969 and served as a helicopter pilot with the 179^th Aviation Company until his departure on 14 May 1970. He was awarded the Bronze Star Medal (BSM) for meritorious achievement during the period of June 1969 to December 1969. There is no evidence that he was awarded any Air Medals for his 1045 hours of combat flight time during his second tour in Vietnam. Additionally, his flight records do not indicate the type or number of missions flown. However, when the number of Air Medals awarded is divided into his combat flight hours, it shows that his Air Medals were computed at 50 hours each during his first tour. His records do show that he made several attempts to have the error corrected and each time he was informed to contact his former unit.

7. In the processing of this case a staff member researched the applicant's former unit records during the period in question to ascertain if orders were ever published awarding him the AM or any other awards. No orders were found during a search of unit records conducted at the National Archives in College Park, Maryland, that contained the applicant's name.

8. The applicant was honorably released from active duty in the rank of chief warrant officer three on 31 July 1973 and was placed on the Retired List effective 1 August 1973. He had served 20 years, 1 month and 23 days of total active service and was awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the AM with 13 OLC, the Aircraft Crewman Badge, the DFC with 1 OLC, the Expert Infantryman Badge, the Army Aviator Badge, the Army of Occupation Medal, the ARCOM with 2OLC, the National Defense Service Medal with 1OLC, the Good Conduct Medal (3^rd award) and the BSM.

9. Army Regulation 672-5-1, in effect at the time, prescribed the criteria for award of the Air Medal. It states, in pertinent part, that award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their duties. However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status. These individuals must make a discernible contribution to the operational land combat mission or the mission of the aircraft in flight. On 21 September 1968, The Secretary of the Army approved a change to the regulation which authorized the wear of numerals in lieu of oak leaf clusters. That regulation also provides that one bronze service star for each campaign an individual participates in is authorized for wear on the VSM. One silver service star is worn in lieu of five bronze service stars.

10. United States Army – Vietnam (USARV) Regulation 672-1 prescribed the criteria for award of the AM to soldiers in Vietnam for sustained operations. That regulation categorized missions into three categories (I, II, and III). Category I missions accrued a minimum of 25 missions or flight hours in order to be awarded the AM. Category II missions accrued a minimum of 50 missions or flight hours and Category III missions accrued a minimum of 100 missions or flight hours for each award of the AM.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit. Additionally, he participated in six campaigns during his assignments to Vietnam.


CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was awarded 14 awards of the AM (AM w/13 OLC) during his first tour in Vietnam. However, he was not awarded any additional awards of the AM for his second 1-year tour in Vietnam, in which he flew more hours.

2. While the Board has no evidence to show the type of missions by category the applicant flew, his flight records show he flew 1,045 combat hours. Based on the computations of his first 14 awards of the AM, it appears that his hours were computed as category II missions in which an AM was authorized for every 50 hours.

3. Accordingly, the applicant is authorized to be awarded 20 additional awards of the AM (numerals 14 through 33) and the Board finds that it would be in the interest of justice to do so at this time.

4. The Board also finds that he is entitled to be awarded the RVNGC w/Palm and RVNCAHM-FC Unit Citations as well as one silver and one bronze service star for wear on his already awarded VSM.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the 14^th through 33^rd awards of the AM, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver and one bronze service star for wear on his already awarded VSM.

BOARD VOTE:

__tsk ___ ___wdp _ __fcj____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Ted S. Kanamine____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084536
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/08/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 64	107.0018/AM
2.
3.
4.
5.
6.