PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            6 May 1999        
	DOCKET NUMBER:   AR1998013331

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		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 award of the Air Medal, Bronze Star Medal, and the Silver Star. 

3.  The applicant states, in effect, that he did not receive his Air Medal for flying over 200 hours as a door gunner on Huey helicopters in Vietnam from 1967 to 1968.  He also contends that the paperwork for award of the Bronze Star Medal and the Silver Star was submitted, mishandled and that he never received either award.  In support of his application, he submits three letters of support from officers he served under in Vietnam.  In a 1 July 1997 letter, a retired Army colonel declared that he was the platoon leader and served with the applicant in the Aerorifle Platoon “Blues” in 1967 and 1968.  Although he does not specifically recall recommendations made for the applicant, he was certain that the applicant’s service met the “standard” for recommendation of the Bronze Star Medal and that his role in combat operations as both a Blue and a flying crewman on an armed helicopter fully met the criterion for award of the Air Medal.  He also stated that the applicant “earned the Air Medal with numerous clusters, but can only certify the basic medal.”  The second letter, dated 30 April 1997, from a retired Army colonel described his personal knowledge of the applicant’s service connected injuries sustained under his command in Vietnam.  The third letter provided by the applicant’s platoon leader, dated 28 May 1977, described daily operations which included many air assaults.      

4.  The applicant’s military records show that he was inducted on 13 September 1966 and served as a light weapons infantryman and crew chief in Vietnam from
2 June 1967 to 29 May 1968.  He was awarded the Combat Infantryman Badge, Purple Heart, and the Aircraft Crewman Badge.  On 18 September 1968 he was separated in the grade of E-5 with an honorable discharge.  He enlisted under a waiver on 19 August 1970 for a period of 3 years and extended for one month in September 1970.  He served in Vietnam as a senior aircraft armament repairman from 8 October 1971 to 7 January 1972.  His tour in Vietnam was terminated when a heart condition was detected and he was found medically qualified for duty with limitations (no duty in a combat zone, no hazardous duty)  He was honorably discharged on 18 September 1973.   

5.  The applicant’s DD Forms 214 (Report of Transfer or Discharge), which were authenticated in his own hand, do not show the Air Medal, the Bronze Star Medal or the Silver Star as authorized awards.  The Board notes the applicant was awarded the Purple Heart (1st Oak Leaf Cluster) and the Army Commendation Medal which are not shown on his DD Forms 214.  

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, does not show the Air Medal, the Bronze Star Medal or the Silver Star.   

7.  The applicant’s flight hours are not recorded in his personnel records, there also is no evidence that he was recommended for or awarded the Air Medal.

8.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal or the Silver Star.

9.  Headquarters 1st Calvary Division (Airmobile) General Orders Number 2185, dated 11 April 1968, shows the applicant was awarded the Purple Heart (1st Oak Leaf Cluster). 

10.  Headquarters 1st Calvary Division (Airmobile) General Orders Number 3569, dated 18 May 1968, shows the applicant was awarded the Army Commendation Medal.

11.  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.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. 

CONCLUSIONS:

1.  The evidence of record shows the applicant served as a light weapons infantryman for the 1st Calvary Division (Airmobile) during his first assignment in Vietnam.  An eyewitness statement from the applicant’s platoon leader describes numerous air-land assaults during combat operations and indicates that the applicant fully met the criterion for one award of the Air Medal.  The Board finds the eyewitness statement sufficient as a basis for award of the Air Medal.  Therefore, the applicant is entitled to award of the Air Medal.

2.  The Board notes the applicant’s contention that the paperwork for award of the Bronze Star Medal and the Silver Star were submitted and mishandled.  However, there is no evidence of record available to the Board which shows he was recommended for or received the Bronze Star Medal or the Silver Star.   Therefore, he is not entitled to these awards.

3.  The applicant was awarded the Purple Heart (1st Oak Leaf Cluster) and the Army Commendation Medal.  Therefore, he is entitled to correction of his military records 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 by showing that the individual concerned was awarded the Air Medal, the Purple Heart (1st Oak Leaf Cluster) and the Army Commendation Medal.

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

BOARD VOTE:  

FNE____  EWL_____  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		CHAIRPERSON

INDEX

CASE ID	AR1998013331	
SUFFIX		
RECON		
DATE BOARDED	19990506	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19730918	
DISCHARGE AUTHORITY	AR 635-200 SECTION VI CHAPTER 2	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.