PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 December 2000
	DOCKET NUMBER:   AR2000044657

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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, in effect, correction of his records to show three awards of the Distinguished Flying Cross (correctly known as the Distinguished Flying Cross (Second Oak Leaf Cluster)), award of the “Screaming Eagle Coin”, correction of his award certificate for the Purple Heart to show that he was wounded on 1 December 1970 instead of 2 December 1970, and award of his Air Medals.

3.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was never updated to show his Second Oak Leaf Cluster to his Distinguished Flying Cross and that he never received the certificate for this award.  He also contends that he did not receive the “Screaming Eagle coin, only the letter.”  He also states that the award certificate for his Purple Heart states that he was wounded on 2 December 1970, but he was actually wounded on 1 December 1970 as the orders state.  He states that he has made three requests for his Air Medals, but has not received them.

4.  The applicant’s military records show that he initially served in an enlisted status from 17 September 1968 through 24 August 1969.  On 25 August 1969, the applicant was appointed as a Reserve warrant officer upon completion of the Warrant Officers Rotary Wing Aircraft Course.  He served in Vietnam as a Scout Helicopter Pilot from 19 March 1970 to 19 March 1971.  He was released from active duty on 21 March 1971.

5.  The applicant’s DD Form 214 with an effective date of 21 March 1971 shows award of the Distinguished Flying Cross (First Oak leaf Cluster), one award of the Purple Heart and one award of the Air Medal.  There is no entry on either of the applicant’s DD Forms 214 showing award of the “Screaming Eagle Coin”.

6.  The applicant’s DD Form 214 with an effective date of 21 March 1971 was corrected by a DD Form 215 (Correction to DD Form 214), dated 19 March 1992, to show among several items “DISTINGUISHED FLYING CROSS WITH 2 OAK LEAF CLUSTERS”.  This correction is supported by 101st Airborne Division General Orders Number 7884, dated 26 July 1971, which awarded the applicant the Distinguished Flying Cross (Second Oak Leaf Cluster) for his actions on 25 January 1971.  This DD Form 215 also removed award of the Air Medal from the applicant’s DD Form 214 with an effective date of 21 March 1971 because there are no General Orders authorizing award of the Air Medal.

7.  Army Regulation 600-8-22 (Military Awards) governs the Army award program.  This regulation does not govern the award of distinctive unit coins and there is no provision for these items to be placed on the DD Form 214.  Therefore, this portion of the applicant’s request will not be discussed further in the Proceedings.  The Board suggests that the applicant might contact the 101st Airborne Division Society or Museum to obtain the “Screaming Eagle Coin”.

8.  The applicant’s records contain 101st Airborne Division General Orders Number 14144, dated 3 December 1970, which awarded the applicant the Purple Heart for wounds sustained as a result of hostile action on 1 December 1970.

9.  The applicant’s records do not contain any orders which show that he was authorized awards of the Air Medal.  However, the applicant’s records contain DA Forms 759 and 759-1 (Individual Flight Record & Flight Certificate-Army) which show that the applicant completed 1021.2 flight hours classified as combat missions during the period 5 April 1970 through 11 March 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This foreign awards is not shown on the applicant’s DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  This foreign awards is not shown on the applicant’s DD Form 214.

12.  Army Regulation 600-8-22 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

14.  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.  Orders show the applicant was awarded the Distinguished Flying Cross (Second Oak Leaf Cluster) for his actions on 25 January 1971; therefore, the Army Review Boards Agency Support Division-St. Louis should issue him an award certificate for the Distinguished Flying Cross (Second Oak Leaf Cluster).

2.  Orders show the applicant was awarded the Purple Heart for wounds sustained on 1 December 1970; therefore, the Army Review Boards Agency Support Division-St. Louis should issue him a new award certificate for the Purple Heart showing the correct date of his wounds as 1 December 1970.  

3.  The applicant’s records do not contain orders for award of the Air Medal.  However, evidence of record shows that he flew 1021.2 hours classified as combat missions.  Based on the regulation governing award of the Air Medal in Vietnam for sustained operations, the applicant is entitled to 40 awards of the Air Medal (correctly known as the Air Medal with Numeral 40). 

4.  The applicant is entitled to awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class: therefore, he is entitled to correction of his records to show these awards.

5.  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 providing the individual concerned with an award certificate for the Distinguished Flying Cross (Second Oak Leaf Cluster) awarded for his action on 25 January 1971;

	b.  by providing him with an award certificate for the Purple Heart showing that he was wounded on 1 December 1970; 

	c.  by awarding him the Air Medal with Numeral 40 and correcting his records to show these awards of the Air Medal;

	d.  by correcting his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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:  

__AMC__  __JAM__  __ALR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__MS. Ann M. Campbell_
		        CHAIRPERSON

INDEX

CASE ID	AR2000044657	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.