PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           19 November 1998                  
	DOCKET NUMBER:   AC98-10339

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 that his records be corrected to show the number of awards of the Air Medal to which he is entitled. 

3.  The applicant states that he flew a total of 1333 combat pilot hours, for which the rule was an Air Medal for every 25 hours.

4.  The applicant appointed as a warrant officer and called to active duty on        4 June 1968.  During the period 27 June 1968 to 9 June 1969, he served in Vietnam, as a helicopter pilot.  He was honorably separated on 1 December 1970.  His DD Form 214 shows his entitlement to an Air Medal for the period    30 June 1968 to 13 July 1968.

5.  DA Form 759 (Individual Flight Record and Flight Certificate - Army) indicates that during the period June 1968 to June 1969, he flew a total of 1,333.4 combat hours.

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

7.  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) 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 in this regulation created an entitlement to the award.

CONCLUSIONS:

1.  Evidence shows the applicant is entitled to 52 additional awards of the Air Medal and his records should be corrected accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned received 53 awards of the Air Medal.

BOARD VOTE:  

FNE_____  TAP____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON