PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 August 2000     
	DOCKET NUMBER:   AR2000039905

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 and the correct spelling of his last name.

3.  The applicant submitted two applications.  In one application, he states that he was awarded the Air Medal on 18 January 1972.  In his second application, he contends that his last name is misspelled on his discharge documents.  In support of his applications, he submits a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 August 1975 and a document, dated 18 January 1972, from his unit commander which states the applicant met all requirements for an Air Medal and should be awarded the Air Medal.  The Board notes that the applicant’s second application indicates that he provided his Birth Certificate in support of his claim; however, this certificate was not available to the Board.    

4.  The applicant’s military records show that he enlisted on 3 July 1969 for a period of 2 years.  He served as a light weapons infantryman in Vietnam from 
30 November 1969 through 8 June 1971 and was honorably discharged on 
9 June 1971.  He reenlisted on 30 July 1971 for a period of 4 years.  He served as a light weapons infantryman in Vietnam from 4 August 1971 through 22 April 1972 and was honorably discharged on 1 August 1975.   

5.  The applicant’s DD Forms 214 do not show the Air Medal as an authorized award.   

6.  There are no orders in the applicant’s personnel records which show he was awarded the Air Medal.  However, the applicant provided a document, dated 
18 January 1972, authenticated by his unit commander which states the applicant met all the requirements for an Air Medal and should be awarded this medal at the earliest possible date.    

7.  DD Forms 4 (Enlistment Contract – Armed Forces of the United States), dated 3 July 1969 and 30 July 1971, show the same last name which is listed on the applicant’s DD Forms 214.

8.  1st Signal Brigade (USASTRATCOM) General Orders Number 1983, dated
7 August 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 2 April 1970 to 2 July 1970.  This award is not shown on his DD Form 214 with an effective date of 9 June 1971. 

9.  1st Signal Brigade (USASTRATCOM) General Orders Number 2979, dated
9 November 1970, show the applicant was awarded the Army Commendation Medal for meritorious service from 8 January 1970 to 7 November 1970.  This award is not shown on his DD Form 214 with an effective date of 9 June 1971. 

10.  196th Infantry Brigade General Orders Number 02357, dated 3 June 1972, show the applicant was awarded the Bronze Star Medal for the period August 1971 to 10 June 1972.  This award is not shown on the applicant’s DD Form 214 with an effective date of 1 August 1975. 

11.  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.

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Air Medal to the applicant.  However, the applicant has provided a document from his unit commander which shows he met all the requirements for award of the Air Medal.  Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Air Medal.  Therefore, he is entitled to correction of his military records to show award of the Air Medal. 

2.  The Board noted the applicant’s contention that his last name is misspelled on his discharge documents.  However, evidence of record shows the applicant’s last name is the same name used at the time of each enlistment and discharge from the Army.  There is no legal evidence (i.e. court document or birth certificate) available to the Board, and the applicant has provided no legal evidence, which shows a different spelling of his last name.  Therefore, he is not entitled to correction of his last name on his DD Forms 214. 

3.  The applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) and the Bronze Star Medal.  Therefore, he is entitled to correction of his military records to show these awards.

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: 

	a.  by showing the entries “Air Medal” and “Bronze Star Medal” in item 
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 
1 August 1975 of the individual concerned; and    

	b.  by showing the entry “Army Commendation Medal (First Oak Leaf Cluster” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 9 June 1971 of the individual concerned.

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

BOARD VOTE:  

SK_____  JEA_____  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley____________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039905	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19750801	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	100.0100	
3.	107.0014	
4.		
5.		
6.