PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 November 1999                   
	DOCKET NUMBER:   AR1999024807

	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. George D. Paxson		Member	
	Mr. Orville W. Troesch, 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 that he be awarded the Air Medal with clusters, the Aviation Crewmember Badge, the Army Good Conduct Medal, a marksmanship badge for the .50 caliber machine gun, and any other awards he may be eligible for.

3.  The applicant states that he had no Article 15s or disciplinary actions.  He provides a copy of his DD Form 214 and three photographs as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 12 September 1967.  He completed basic combat training and was initially trained in military occupational specialty 26B  (Weapons Support Radar Repairman).  He did not complete the course and received a conduct rating of “excellent” and an efficiency rating of “fair.”  He then attended and completed the 13E (Field Artillery Operations and Intelligence Assistant) course and basic airborne training.  

5.  The applicant’s DA Form 20, Personnel Qualification Record, shows he was awarded the sharpshooter qualification badge, rifle M-14.  There is no evidence to show he was awarded any other marksmanship badge.

6.  The applicant arrived in Vietnam on 26 June 1968 where he was assigned to Battery B, 3d Battalion, 319th Artillery, 173d Airborne Brigade and performed duties as a 13E2P Chart Operator (airborne qualified).

7.  The applicant was reassigned to Headquarters and Headquarters Company, 173d Airborne Brigade on 30 July 1969 where he performed duties as a 67N2P Crew Chief (airborne qualified).  On 1 November 1969, General Orders 2589, Headquarters 173d Airborne Brigade awarded him the Air Medal (basic through 3d oak leaf cluster).  He was awarded primary military occupational specialty 67N (UH-1 Helicopter Repairman) on 9 December 1969.

8.  The applicant departed Vietnam on 10 April 1970.  His clearance papers indicate he was recommended for award of the Bronze Star Medal for service but there is no evidence to show the award was approved.  He separated on 13 April 1970 after completing 2 years, 8 months and 19 days of creditable active service and had no lost time.

9.  Army Regulation 600-8-22 provides policy and criteria concerning individual military awards.  It states that the Army Good Conduct Medal is awarded for each 3 years completed on or after 27 August 1940 or, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier must have received conduct and efficiency ratings of “excellent” for the entire qualifying time.  The Air Medal is awarded to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards of the Air Medal.  The Aircraft Crew Member Badge is awarded to individuals on flying status for a principal duty as a crew chief or a number of other positions.

10.  Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  If the Secretary of the Army determines that a statement setting forth the distinguished act, achievement or service, and a recommendation for official recognition was made and supported by sufficient evidence within 2 years after the distinguished service, and that no award was made because the statement was lost or through inadvertence the recommendation was not acted upon, he or she may, within 2 years after the date of the determination, award any appropriate military decoration.

11.  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.

12.  Department of the Army Pamphlet 672-3 shows the 3d Battalion, 319th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 5 May 1965 through 26 September 1970 and the Republic of Vietnam Civil Actions Honor Medal first class for the period 15 April 1969 through           16 March 1971.  Headquarters and Headquarters Company, 173d Airborne Brigade was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 5 May 1965 through 26 September 1970 and the Republic of Vietnam Civil Actions Honor Medal first class for the period 15 April 1969 through            16 March 1971.  (This Pamphlet further states that while wear of multiply awards of the Republic of Vietnam Gallantry Cross with Palm is not authorized, records will indicate all awards received.)

CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Air Medal four times and so is entitled to wear the Air Medal with the numeral 4

2.  The applicant performed duties as crew chief for the UH-l helicopter while in Vietnam, the Board presumes he was on flying status at the time since he was awarded the Air Medal, and so he is entitled to award of the Aircraft Crew Member Badge.

3.  The evidence of record shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal first class.  His DD Form 214 should be corrected to show he was awarded two each of these decorations even though he may wear only one each.

4.  The evidence of record shows the applicant was awarded only the sharpshooter qualification badge, rifle M-14 and that award is already shown on his DD Form 214.

5.  While the evidence of record shows the applicant was recommended for award of the Bronze Star Medal, there is no evidence to show the recommendation was processed and approved.  Action was not taken within 2 years (before 10 April 1972) to request a Secretary of the Army determination that the award recommendation was lost or not acted upon and so request award of an appropriate military decoration.  If the applicant feels he should have been awarded the Bronze Star Medal, a reconstructed award recommendation 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 for which he feels he should be recognized.  A narrative of the action 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.

6.  Because the applicant received a “fair” efficiency rating during his Army Good Conduct Medal qualifying period, he is not eligible for award of that decoration.

7.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Aircraft Crew Member Badge and correcting his DD Form 214 to add the Aircraft Crew Member Badge, the Air Medal with numeral 4, and two awards each of the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal first class.

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

BOARD VOTE:  

__sac___  __gdp___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024807	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0056	
3.	107.0118	
4.		
5.		
6.