PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 June 2000
	DOCKET NUMBER:   AR2000036016

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		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 that his Report of Transfer or Discharge (DD Form 214) be amended to show the award of the Air Medal.

3.  The applicant states that he has the certificate awarding him the Air Medal; however he never received the medal and the medal was never included on his DD Form 214.  In support of his request he submits a copy of a certificate dated 29 August 1968 which shows that he was awarded the Air Medal for heroism while participating in aerial flight in the Republic of Vietnam on 31 January 1968. He also submits an undated letter from the Disabled American Veterans that expresses the possibility of his being discharged prior to the actual medal and the orders being presented.

4.  The applicant’s military records show that on 27 March 1967, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a single rotor turbo helicopter mechanic and he acted as a crew chief. On 8 September 1967, he was transferred to Vietnam.  He returned to the Continental United States on 27 September 1968.

5.  His awards include the National Defense Service, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device (1960), the Aircraft Crewman Badge, the Expert Badge w/Rifle Bars M-14 and M-16.

6.  He was honorably discharged at the expiration of his term of service on 26 March 1970.  He had completed 3 years of total active service.

7.  On 5 June 1987, the applicant applied to this Board requesting that his records be corrected to show his correct Social Security Number (SSN).  He also requested that his DD Form 214 be amended to show that he was awarded the Purple Heart.  On 23 July 1991, the applicant was furnished a DD Form 215 (Correction of DD Form 214).  The DD Form 215 that he was furnished reflects his correct SSN and the award of the Purple Heart.

8.  Although the applicant submits a copy of a certificate indicating that he was awarded the Air Medal on 31 January 1968, a review of his official records fails to reveal a copy of orders awarding him the Air Medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, 

achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

CONCLUSIONS:

1.  The evidence of record clearly shows that he held a helicopter mechanic military occupational specialty, that he acted as a crew chief, and that he was awarded the Aircraft Crewman’s Badge and the Purple Heart.  He was furnished a certificate dated 29 August 1968 that shows he was awarded the Air Medal for heroism while participating in aerial flight in the Republic of Vietnam on 31 January 1968.

2.  Accordingly, it must be presumed that an administrative error was made during the preparation of the applicant’s DD  Form 214 that resulted in the omission of the Air Medal from his records and issuance of the medal.    Therefore, he should be issued the medal and his records should be corrected accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Air Medal with ”V” Device and that a medal set was issued to him.

BOARD VOTE:  

___ewl __  __ja ____  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Van B. Cunningham____
		        CHAIRPERSON

INDEX

CASE ID	AR2000036016	
SUFFIX		
RECON		
DATE BOARDED	2000/06/20	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  64	107.0018	
3.		
4.		
5.		
6.