PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            10 June 1999      
	DOCKET NUMBER:   AR1999020098

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 military records to show award of the Air Medal, Purple Heart, Army Commendation Medal and the Good Conduct Medal.

3.  The applicant states, in effect, that he is entitled to an Air Medal because he was on flight status for 12 months and in order to receive flight status pay you have to fly at least 12 combat hours per month.  He also contends that he was injured in March 1970 and was never issued the Purple Heart.  In support of his application, he submits a letter of explanation.    

4.  The applicant’s military records show that he enlisted on 30 October 1968 for a period of 2 years.  He underwent advanced individual training (AIT) as an AH-1 attack helicopter repairer, military occupational specialty (MOS) 67Y20.  He served in Vietnam from 20 May 1969 to 2 June 1970 and was honorably discharged on 3 June 1970.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Air Medal, Purple Heart, Army Commendation Medal or the Good Conduct Medal as authorized awards.   

6.  The applicant’s personnel records indicate he was placed on flying status as a nonaviator-noncrewmember helicopter mechanic on 1 September 1969 and his flying status was terminated on 8 February 1970.

7.  There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he was recommended for or awarded the Air Medal or served qualifying service as a crewmember for award of the Air Medal. 

8.  Evidence of record shows that on 3 June 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  Neither his DD Form 214 nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.    

9.  DA Form 1577 (Authorization for Issuance of Awards), dated 17 July 1995, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Army Commendation Medal and the first award of the Good Conduct Medal.  

10.  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, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit”.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was on flight status for
12 months and that he flew 12 combat hours each month.  However, the evidence of record shows the applicant was on flight status for 5 months and there are no flight hours recorded in the applicant’s personnel records.        

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

3.  Contrary to the applicant’s contention that he was injured in March 1970 in Vietnam, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.  
4.  The applicant was awarded the Army Commendation Medal and the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his military records to show these awards.

5.  The applicant was awarded MOS 67Y in April 1969; therefore, he is entitled to award of the Aircraft Crew Member Badge.

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 that the individual concerned was awarded the Army Commendation Medal, the first award of the Good Conduct Medal and the Aircraft Crew Member Badge.

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

BOARD VOTE:  

SAC____  SLP_____  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999020098	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700603	
DISCHARGE AUTHORITY	AR 635-200  Chapter 5	
DISCHARGE REASON	Early Separation of Overseas Returnees	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.