PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            5 August 1999     
	DOCKET NUMBER:   AR1999020500

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, 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, in effect, correction of his military records to show award of “CE Wings” and the Air Medal.  

3.  The applicant states, in effect, that he participated in aerial flight as a door gunner during “LOM-SOM 719” in Vietnam in 1971.  He contends that his DD Form 214 (Report of Transfer or Discharge) does not show his combat status as a door gunner, the “CE Wings” or an Air Medal.  In support of his application, he submits a statement from a specialist five, dated 22 April 1996, attesting that the applicant flew as a door gunner from January 1971 to May/June 1971 in Vietnam.  He also submits numerous photographs of helicopters and photographs taken during aerial flight.    

4.  The American Legion, as counsel for the applicant, supports the applicant’s contentions.  Counsel noted that the applicant served with an aviation unit while in Vietnam and that although the record does not specifically indicate any service as a door gunner, it was common for the Army to use available personnel when in need of a door gunner.  In addition, counsel invites the Board’s attention to the fact that the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster), which is not reflected on his DD Form 214. 

5.  The applicant’s military records show that he enlisted on 30 April 1970 for a period of 3 years.  He successfully completed training and was transferred to Vietnam for duty as an auto repair parts specialist.  He served in Vietnam from 
1 November 1970 to 27 October 1971 and was honorably discharged on
15 February 1972 to join the Army National Guard.  He was discharged from the Army National Guard on 1 April 1974 and assigned to the USAR Control Group (Annual Training).  On 1 April 1976 he was honorably discharged from the Army Reserve.   

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the “CE Wings” or an Air Medal as authorized awards.  

7.  Army Regulation 600-8-22 (Military Awards) does not show “CE Wings” as an authorized award.  Therefore, this issue will not be discussed further in the proceedings.    

8.  There are no flight hours recorded in the applicant’s service personnel records.  There is no evidence of record that shows the applicant met the qualifications for or was recommended for award of the Air Medal.   

9.  The applicant’s DD Form 214 shows the Bronze Star Medal as an authorized award.

10.  Headquarters 23d Infantry Division General Orders Number 10145, dated
11 September 1971, shows the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious served during 1 October 1970 – 31 August 1971. 

11.  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.

CONCLUSIONS:

1.  The Board noted the eyewitness statement and the applicant’s contention that he served as a door gunner in Vietnam in 1971.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which supports this contention.  The evidence of record shows the applicant served as an auto repair parts specialist during his assignment in Vietnam. 

2.  The applicant is not entitled to the Air Medal because there is no evidence of record that he was recommended for, awarded, or otherwise qualified for this decoration.

3.  The applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster); therefore, he is entitled to correction of his military records to show this award. 

4.  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 Bronze Star Medal (1st Oak Leaf Cluster).

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

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999020500	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720215	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early release to join ARNG	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.