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ARMY | BCMR | CY2004 | 20040008227C070208
Original file (20040008227C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 June 2005
      DOCKET NUMBER:  AR20040008227


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Karen Y. Fletcher             |     |Chairperson          |
|     |Mr.  Kenneth L. Wright            |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in reconsideration of his request to be awarded
the Air Medal (AM).

2.  The applicant states, in effect, that he concurs with the Board’s
original finding in that there was no documented evidence or flight records
confirming his entitlement to the AM.  However, he has now obtained
evidence to support his claim of entitlement to the AM.

3.  The applicant provides witness statements from the following members of
his Republic of Vietnam (RVN) unit:  three former commanders, former first
sergeant (1SG), a former platoon observer and former members of his
platoon.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003084137 on 20 November 2003.

2.  The applicant's record shows that on 31 December 1981, he was released
from active duty, in the rank of 1SG, for the purpose of voluntary
retirement.  At the time he had completed a total of 20 years, 1 month and
1 day of active military service.

3.  The applicant’s record shows that he served in the RVN from October
1965 through September 1966.  During his RVN tour, he was assigned to Troop
B,
1st Battalion, 7th Cavalry Regiment.

4.  In its 20 November 2003 consideration of this case, the Board concluded
there was insufficient evidence to confirm the applicant completed the
missions necessary to qualify for award of the AM.

5.  The applicant now provides statements from three former commanders of
his RVN unit, who served with the unit during his tenure of assignment.
All three of these former officers confirm the applicant completed more
than the 25 category 1 missions necessary to qualify for the AM.  They also
attest to the fact that while the applicant was assigned to the unit, air
assault missions were conducted almost daily, and he regularly participated
in those missions.

6.  The applicant also provides a statement from a retired sergeant major
(SGM), who was the 1SG of his RVN unit.  This individual confirms that he
was the 1SG of the applicant’s unit from July 1965 through June 1966.  He
states that the unit arrived in the RVN in September 1965 and began
operations in October 1965.  He states that during his tenure of
assignment, the unit averaged about five or six combat assaults per month.
The applicant also provides a statement from a retired 1SG, who served as a
forward observer in the applicant’s RVN unit from November 1965 through
November 1966.  He states that he can confirm without doubt that during the
time he was assigned to the unit, the applicant completed more than the 25
category 1 air assault missions required for the AM.

7.  The applicant also provides statements from four members of his RVN
unit, who collectively served in the unit between December 1965 and May
1967.  All four of these former unit members confirm the applicant
regularly participated in air assault missions with the unit and completed
the necessary 25 category
1 missions necessary to receive the AM.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

9.  United States Army Vietnam (USARV) regulation 672-1, in effect at the
time, provided guidance on awards.  It stated, in pertinent part, that to
be recommended for the AM, an individual must have completed 25 category
1 missions.  Air assault missions were identified as category I missions.

DISCUSSION AND CONCLUSIONS:

1.  As indicated in the prior Board decisions on this case, the evidence of
record contains no specific confirmation of the category and number of
missions the applicant completed in the RVN.  However, the third party
statements provided in support of the applicant's request attest to the
fact he met the criteria necessary to support award of the AM.

2.  The evidence of record confirms the applicant was assigned to a unit
that routinely conducted air assault category 1 missions.  As a result,
these supporting statements are sufficiently credible to conclude that the
applicant met the eligibility criteria necessary for award of the AM.
3.  Three of the supporting statements are from former commanders of the
applicant’s RVN, two of whom are retired Army officers.  In the position of
unit commander, these officers were in the applicant's chain of command and
were in a position to verify his eligibility for the AM.  Further, the
statements of these three former commanders are corroborated by a statement
from a retired SGM, the applicant’s 1SG in the RVN, and by statements from
four members of his RVN unit.  These individuals all attest to the fact
that the applicant completed the necessary category 1 air assault missions
necessary to receive the AM.  As a result, it would clearly serve the
interest of equity to award the applicant the AM at this time.

BOARD VOTE:

___KYF _  ___KLW   ___WDP _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2003084137, dated 20
November 2003.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by awarding him
the Air Medal; and by providing him a corrected separation document that
includes this award.




            ____Karen Y. Fletcher_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008227                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1986/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0018                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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