PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 June 2000                   
	DOCKET NUMBER:   AR1999028885

	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. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 award of the Air Medal and that his military records be corrected to show his rank as Sergeant (Hard Stripe) instead of Specialist Five.

3.  The applicant states in effect, that before leaving Vietnam he was told that he was entitled to the Air Medal award, he was also told that his rank would be changed from Specialist Five to Sergeant (Hard Stripe).

4.  The applicant’s military records show that he was inducted into the Army on
4 June 1968.  He completed the required training and was awarded military occupational specialty (MOS) 67V20 (Helicopter Repairman).

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from October 1968 to January 1970, as a helicopter repairman.

6.  On 6 January 1970, he was released from active duty and transferred to the U.S. Army Reserve.  He was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal and the Air Craft Crewman Badge.  The DD Form 1577 (Authorization for Issuance of Awards) dated 22 June 1999, authorized the applicant the Expert Badge w/auto Rifle and the Rifle Bars however, his records were not corrected to reflect these awards.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, who distinguished himself by meritorious achievement while participating in aerial flight.  The awards may be made to recognize a single act of merit or heroism or for meritorious service during a period of conflict.

8.  It also provides, in pertinent part, that the Good Conduct Medal is awarded for exemplary behavior, efficiency and fidelity for a specific period of continuous enlisted active Federal Military service, normally 3 years, completed on or after 27 August 1940 and, 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. 

CONCLUSIONS:

1.  There is no evidence in the applicant’s record nor has he provided any evidence to support his claim for the Air Medal award.  However, if the applicant can provide evidence to show that he was entitled to receive the Air Medal award such as the general orders; the general order number and date and or the headquarters that cut the orders, he can apply for reconsideration.

2.  The Board is not empowered to change the applicant’s rank from Specialist Five to Sergeant (Hard Stripe).  The applicant’s chain of command would have initiated such actions.

3.  The applicant’s available records indicate that he met the regulatory requirements and was eligible to receive the Army Good Conduct Medal for the period of 4 June 1968 to 6 January 1970.

4.  The available records also show that the applicant was authorized the Air Medal, however his DD Form 214 was not amended to show the award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 

     a.  awarding the Good Conduct Medal to the applicant and;

     b.  by correcting the records to show that he was awarded the Good Conduct Medal, adding the w/Device (1960) to the Vietnam Campaign Medal and the Expert Badge w/Auto Rifle and Rifle Bars. 

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

BOARD VOTE:  

__slp___  __lem___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028885	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.