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Decision Text

ARMY | BCMR | CY2003 | 2003085467C070212
Original file (2003085467C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003085467


         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. 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.


2. The applicant requests, in effect, award of the Air Medal with "V" Device for heroism on 14 October 1966 in Vietnam.

3. The applicant states, in effect, that the unit history for Company A,
501st Aviation Battalion, 71st Assault Helicopter Company indicates that the entire 71st Aviation Company "(Rattlers)" received the Air Medal with "V" Device for heroism on 14 October 1966. He contends that he received two awards of the Air Medal; however, he did not receive the "V" device for heroism on
14 October 1966. In support of his application, he submits a document titled, "Rattler/Firebird Unit History."

4. The applicant’s military records show that he was inducted on 25 March 1965. He served as a helicopter mechanic in Vietnam from 22 October 1965 through
22 October 1966 and was released from active duty on 24 March 1967. He enlisted on 21 June 1967 and remained on active duty through continuous reenlistments until he was honorably discharged on 31 March 1980.

5. The applicant's DD Form 214 for the period ending 31 March 1980 does not show the Air Medal with "V" Device as an authorized award. This DD Form 214 does show the Air Medal as an authorized award.

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

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

8. The applicant's records show that he received seven awards of the Air Medal while assigned to the 501st Aviation Battalion and the 71st Aviation Company during the period 10 December 1965 through 28 July 1966 in Vietnam.

9. The applicant's DD Form 214 for the period ending 31 March 1980 shows the Vietnam Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Vietnam.

10. Army Regulation 600-8-22 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility


for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy. The 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.

11. 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.

12. 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 considered the applicant's contention that the entire 71st Aviation Company "(Rattlers)" received the Air Medal with "V" Device for heroism on
14 October 1966. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he participated in aerial flight on
14 October 1966 in Vietnam or that he was awarded the Air Medal with "V" Device for heroism on this day. Therefore, the Board determined that there was insufficient evidence on which to base award of the Air Medal with "V" Device.

2. The applicant's DD Form 214 for the period ending 31 March 1980 shows one award of the Air Medal. Evidence of record shows the applicant received seven awards of the Air Medal during his assignment in Vietnam. Therefore, this DD Form 214 should be corrected to show award of the Air Medal with Numeral "7."

3. The applicant’s DD Form 214 for the period ending 31 March 1980 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of this DD Form 214 to show these awards.

4. 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:

         a. by deleting the entries, "AIR MEDAL" and "VIETNAM SERVICE MEDAL" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 for the period ending 31 March 1980; and

         b. by adding the entries, "AIR MEDAL WITH NUMERAL "7" and "VIETNAM SERVICE MEDAL WITH THREE BRONZE SERVICE STARS" in item 13 on his DD Form 214 for the period ending 31 March 1980.

2. That so much of the application as pertains to award of the Air Medal with "V" Device be denied.

BOARD VOTE:

TSK____ WDP____ FCJ_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ted S. Kanamine_____
                  CHAIRPERSON




INDEX

CASE ID AR2003085467
SUFFIX
RECON
DATE BOARDED 20030812
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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