PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                 3 October 2000
	DOCKET NUMBER:        AR2000044336

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 14 April 1971 to show that he was awarded the Bronze Star Medal and 35 additional awards of the Air Medal (correctly known as the Air Medal with Numeral “36”).

3.  The applicant states, in effect, that his DD Form 214 with a separation date of 14 April 1971 does not show the Bronze Star Medal or 35 additional awards
of the Air Medal.  He also states that his orders awarding him the Bronze Star Medal shows his first digit of his Social Security Number (SSAN) as “3” instead of “5”.  In support of his application he submits copies of his DD Forms 214, a copy of his combat flight hours and a copy of citation and orders awarding him the Bronze Star Medal.

4.  The applicant’s military records show he enlisted on 3 March 1969 to attend the warrant officer training course.  He continued to serve until he was honorably discharged on 8 March 1970 in order to accept an appointment as a Warrant Officer in the US Army Reserve.  He was appointed as a Reserve Warrant Officer in the rank of WO1 on 9 March 1970.  He served in Vietnam from 14 April 1970 to 12 April 1971 and was released from active duty 14 April 1971.  He was transferred to the USAR Control Group (Annual Training).

5.  The applicant’s DD Form 214 with a separation date of 14 April 1971 does not show the Bronze Star Medal and shows only one award of the Air Medal.

6.  Headquarters, 1st Aviation Brigade General Orders Number 2337, dated 20 March 1971 awarded the Bronze Star Medal to the applicant for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period April 1970 to April 1971.

7.  The applicant’s records contain a DA Form 759 for the period April 1970 to June 1970 which shows the applicant had 183 combat flight hours.

8.  DA Form 759 (Individual Flight Record and Flight Certificate-Army) 
provided by the applicant for the period July 1970 to December 1970/January 1971 to March 1971 shows the applicant had 876 combat flight hours.

9.  The citation (U.S. Army Vietnam Form) and General Orders provided by the applicant shows his first digit of his SSAN as “3” instead of “5”.

10.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not 

eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for
making the award simply because an aircraft was struck by enemy fire.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant’s DD Form 214 with a separation date of 14 April 1971 shows one award of the Air Medal.  

3.  Although the applicant contends that he is entitled to 36 awards of the Air Medal, evidence of record shows he flew 1059 hours combat flight hours.  Therefore, he is entitled to correction of his records to show an additional 42 awards of the Air Medal and correction of his DD Form 214 with a separation date of 14 April 1971 to show the Air Medal with Numeral “43”.

4.  The applicant’s first digit of his SSAN was incorrectly entered on the citation
provided by the applicant.  Therefore, the applicant’s citation should be corrected to show his first digit of his SSAN as “5“ instead “3”.

5.  The orders awarding him the Bronze Star Medal clearly show his first digit of his SSAN as “3” instead of “5”.  Therefore, he is entitled to correction of Headquarters, 1st Aviation Brigade General Orders Number 2337, dated 20 March 1971 to show his first digit of his SSAN as “5” instead of “3”.

6.  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:

a.  by showing in item 24 (Decorations and Awards) of his DD Form 214 with a separation date of 14 April 1971 that the individual concerned was awarded the Bronze Star Medal and the Air Medal with Numeral “43”; and

b.  by amending the applicant’s citation to show his first digit of his SSAN as “5” instead of “3”.

c.  by amending Headquarters, 1st Aviation Brigade General Order Number 2337, dated 20 March 1971 to show his first digit of his SSAN as “5”.

BOARD VOTE:  

JNS_____  RTD____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JOHN N. SLONE_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000044336	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710414	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  64		
3.		
4.		
5.		
6.