PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 December 1998                 
	DOCKET NUMBER:   AC98-09665

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 his records be corrected to show award of the Bronze Star Medal for Heroism and the Air Medal.

3.  The applicant states the awards were not on his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).

4.  The applicant’s military records show the applicant was inducted on 22 April 1969.  He completed his required training and was awarded military occupational specialty (MOS) 67V (Helicopter Repairman).  He was honorably separated on 10 November 1970.

5.  The Board notes the applicant is entitled to award of the Good Conduct Medal for the period 22 April 1969 to 10 November 1970.

6.  The applicant’s DD Form 214 does not show the Bronze Star Medal for Heroism, the Air Medal or the Good Conduct Medal as authorized awards.

7.  There is no indication in his personnel records that he was recommended for or awarded the Bronze Star Medal for Heroism, the Air Medal or the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded 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 or the event or period of service and the award must be made within 3 years.

9.  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, format recommendation, approval through the chain of command, and announcement in orders are required.

10.  U. S. Army Vietnam 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 1 missions (air assault and equally dangerous 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. 

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  There is no evidence of record showing the applicant was recommended for or awarded the Bronze Star Medal for Heroism; therefore, he is not entitled to the award.

2.  The applicant served in a combat zone for over a year, as a helicopter repairman on flight status, performing mandatory flights.  Although, his flight record is not in his available records to verify the number of his flights, his duty position alone would qualify him for at least one Air Medal.  His records should be corrected accordingly.

3.  In reviewing his records, the Board noted his entitlement to the Good Conduct Medal, which should be included in his records.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Air Medal and the Good Conduct Medal for the period 22 April 1969 to 10 November 1970.

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

BOARD VOTE:  

JH_____  FNE_____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON