IN THE CASE OF:	  

	BOARD DATE:	  13 August 2008

	DOCKET NUMBER:  AR20080010310


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for correction of his awards earned during his service in the Republic of Vietnam.  He also requests, as new issues, that Item 30 (Remarks) of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show the dates of his service in the Republic of Vietnam as 3 May 1970 to 
20 June 1970; and that he be provided a DD Form 214 showing all corrections.  He also requests a copy of his medical records for when he was hospitalized at Camp Zama, Japan and contracted hepatitis type B.   

2.  The applicant states, in effect, that he flew hundreds of missions in the Republic of Vietnam and should have been awarded more than one Air Medal.  

3.  The applicant provides a copy of his DD Form 214 and orders and certificate for award of the Air Medal.

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 AR20070016493 on 15 April 2008.

2.  The applicant submits as new argument in support of the award of additional Air Medals that he flew hundreds of missions and should have received more than one Air Medal.
3.   The applicant’s individual flight record for the period from 10 November 1968 through 27 April 1969 shows that he completed 126 Category I missions totaling 442 flight hours.

4.  General Orders Number 77, 44th Medical Brigade, dated 7 February 1969, awarded the applicant the Air Medal for the period from 10 to 24 November 1968; and an Oak Leaf Cluster [designating a second award of the Air Medal] for the period from 25 November to 3 December 1968.

5.  Item 31 (Foreign Service) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam from 28 July 1968 to 27 April 1969; and again from 3 May 1970 to 20 June 1970.  The applicant was medically evacuated to the hospital at Camp Zama, Japan.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as corrected by DD Form 215, lists, in part the Air Medal with Numeral 2.  Item 
30 (Remarks) of this same form shows that he served in the Republic of Vietnam from 28 July 1968 to 27 April 1969; and from 3 May 1969 to 20 June 1970.

7.  Army Regulation 600-8-22 (Military Awards) 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.  Numerals are currently used to denote second and subsequent awards of the Air Medal. 

8.  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 (not required for combat assaults) 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.  

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that once a DD Form 214 has been issued, it will not be reissued except for the following reasons: 
      
      a.  When directed by proper appellate authority, Executive Order, or by the Secretary of the Army;
      
      b.  When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or 
      
      c.  When two DD Forms 215 have been issued and an additional correction is required. 

10.  The National Personnel Records Center (NPRC), Military Personnel Records, 9700 Page Boulevard, St. Louis, Missouri, 63132, is the repository for inactive military records.  The applicant may obtain copies of his medical records by writing to the NPRC and providing a copy of his discharge/separation paperwork to substantiate his request.  There will be no further discussion of this issue in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record clearly shows that the applicant completed 126 Category I missions between 10 November 1968 and 27 April 1969, and qualified for award of five Air Medals based on the governing regulations then in effect.  Therefore, his records should be corrected to show these awards.

2.  The applicant’s DD Form 214 was issued on 15 July 1970.  A DD Form 215 was issued on 7 July 2008 recording a correction to Item 24.  The available evidence of record does not show that any other corrections have been made to his DD Form 214.  Therefore, the changes recommended by this board should be shown on a second DD Form 215.  Reissue of the applicant’s DD Form 214 is not authorized at this time.  Should his record require any further corrections, then a new DD Form 214 may be reissued.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X ___  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070016493, dated 15 April 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 24 of his DD Form 214: Air Medal with Numeral 2;

      b.  awarding the applicant the Air Medal with Numeral 5;

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Air Medal with Numeral 5; and

	d.  correcting Item 30 (Remarks) of his DD Form 214 to show his second period of service in the Republic of Vietnam as 3 May 1970 to 20 June 1970.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reissuing his DD Form 214.




_________ _   X _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010310



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