PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               11 March 1999              
	DOCKET NUMBER:      AC98-08747
                                                 AR1998013588

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Curtis L. Greenway		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show two campaign medals for his service in Vietnam, four additional awards of the Air Medal, two Presidential Unit Citations, and two awards of the Bronze Star Medal.

3.  The applicant states that he was not given two campaign medals for his service in Vietnam.  He states that he is entitled to four additional awards of the Air Medal for flights after 27 June 1965 to 25 September 1965.

4.  The applicant’s military records show that he entered active duty on 8 February 1963.  He served in Vietnam from 26 September 1964 to 25 September 1965 as a helicopter door gunner.  The applicant was honorably discharged from active duty on 7 February 1966.

5.  The applicant’s DD Form 214 shows the Armed Forces Expeditionary Medal (AFEM) as an authorized award for service in Vietnam.  He is entitled to the Vietnam Service Medal (VSM) in lieu of the AFEM; however, regulation precludes award of both the AFEM and the VSM for the same period of service in Vietnam.  (Note: The analyst has notified the applicant under separate cover how to convert the AFEM to VSM if he wishes to do so.)  The Board notes he is entitled to the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Cross of Gallantry with Palm Unit Citation and the Aircraft Crew Member Badge which are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 shows entitlement to seven awards of the Air Medal.  Orders show he received basic Air Medal for the period 11 October 1964 to 1 February 1965 and the Air Medal with Sixth Oak Leaf Cluster for the period for the period 28 May 1965 to 27 June 1965.  Analysis of his awards of the Air Medal indicates he received approximately one award of the Air Medal each month during the period October 1964 through June 1965.  There is no evidence the applicant’s aviation status ended after his last award of the Air Medal.

7.  Records show the applicant was a member of the 101st Aviation Battalion when it was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 43, dated 1966, and was cited for the Presidential Unit Citation by Department of the Army General Orders Number 45, dated 1969. 

8.  The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.  There is no indication in the applicant’s personnel records that he was awarded the Bronze Star Medal or recommended for this award.

9.  A DA Form 1577 (Authorization for Issuance of Awards), dated 29 June 1988, in the applicant’s records show that he was awarded the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Cross of Gallantry with Palm Unit Citation and the Aircraft Crew Member Badge.

10.  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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 2 denotes the second award.)

11.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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.

12.  Army Regulation 600-8-22 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

CONCLUSIONS:

1.  The applicant received the AFEM for his service in Vietnam; therefore his record is correct as currently constituted.

2.  Evidence of record shows that the applicant received seven awards of the Air Medal during the period 11 October 1964 to 27 June 1965 (approximately nine months).  There is no evidence the applicant’s flight duties were terminated after his last award of the Air Medal for the period ending 27 June 1965 until his aviation assignment in Vietnam ended on or about 25 September 1965.  Based on these facts, the Board has determined that, as a matter of equity, he should have continued to receive awards of the Air Medal for the period 28 June 1965 to 25 September 1965.  Based on the applicant’s aviation record, the Board has determined that he would have received approximately one award of the Air Medal per month for this three-month period.  Therefore, the applicant is entitled to three additional awards (for a total of ten awards) of the Air Medal for the period 28 June 1965 to 25 September 1965 and correction of his records to show these awards.

3.  While the applicant was assigned to the 101st Aviation Battalion, the unit was cited twice for award of the Presidential Unit Citation; therefore, he is entitled to correction of his records to show two awards of the Presidential Unit Citation.

4.  There is no evidence the applicant was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to this award.

5.  The applicant was awarded the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Cross of Gallantry with Palm Unit Citation and the Aircraft Crew Member Badge; therefore, he is entitled to correction of his records to show these awards.

6. 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 the individual concerned was awarded the “Air Medal with the Numeral 10”, two awards of the Presidential Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Cross of Gallantry with Palm Unit Citation and the Aircraft Crew Member Badge.

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

BOARD VOTE:  

CLA_____  VBC____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi
		        CHAIRPERSON

INDEX

CASE ID	AC98-08747/AR1998013588	
SUFFIX		
RECON	19990311	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.