PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            7 October 1998                                    
	DOCKET NUMBER:   AC98-10928

	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	
	Mrs. Nancy Amos .		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 DD Form 214 be corrected to show his military occupational specialty (MOS) as 11C40 and to show he earned two overseas service bars.  He also requests that his DD Form 214 be corrected to show he was eligible for the Bronze Star Medal (BSM) with “V” device and for the Air Medal.

3.  The applicant states as far as the BSM is concerned, he was doing hazardous missions which were vital to the military.  He also went on classified hunt and kill patrols.  As for the Air Medal, he was involved in air operations.

4.  The applicant’s military records show that he was inducted into the Army on 14 July 1966.  He completed basic combat training and advanced individual training and was awarded MOS 64A (Light Vehicle Driver).  He arrived in Korea on 1 January 1967.  He was assigned to Company C, 3d Battalion, 32d Infantry, 7th Infantry Division and worked as an 11C gunner/squad leader.  On 20 July 1967, he was awarded primary MOS 11C, Indirect Infantry Fire Crewman.  He departed Korea on 22 April 1968 and was honorably separated on 22 April 1968.

5.  Army Regulation 600-8-22 provides that the BSM with “V” device may be made for acts of heroism, performed in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party, which are of lesser degree than required for the award of the Silver Star.  Award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status.  Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.  

6.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

7.  Army Regulation 670-1 prescribes policy for proper wear and appearance of the U. S. Army uniforms and insignia, to include overseas service bars.

CONCLUSIONS:

1.  The applicant’s primary MOS at the time of his separation was 11C, Infantry Indirect Fire Crewman.

2.  Overseas bars are an item of uniform wear, not an award or decoration by regulatory definition, and so are not entered on the DD Form 214.

3.  If the applicant feels he should have been awarded the Bronze Star Medal for valor and the Air Medal, a separate reconstructed award recommendation for each award must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

4.  In view of the foregoing, it would be proper to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records pertaining to the applicant be corrected to show he held MOS 11C40 Infantry Indirect Fire Crewman at the time of his separation.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON