PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 February 2001
	DOCKET NUMBER:   AR2000044683

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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 he be awarded 17 additional awards of the Air Medal (AM).

3.  The applicant states he earned 17 additional awards of the AM but never received clusters 23 through 39.  He states that the recommendation for the additional 17 Air Medals was submitted prior to his departing Vietnam but was lost.  In support of his application he submits two copies of DA Form 759 (Individual Flight Record and Flight Certificate-Army), his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of General Orders #375 awarding him the AM with 22nd oak leaf cluster.

4.  The applicant’s military records show that he honorably retired on 31 July 1984 in the pay grade of 05.  His awards include the Soldier’s Medal, the Bronze Star Medal (1st oak leaf cluster), the Air Medal (22nd oak leaf cluster), the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Meritorious Service Medal (2nd oak leaf cluster), and the Combat Medical Badge.

5.  The applicant provided copies of his DA Form 759 showing his combat flight missions in Vietnam from July 1968 to June 1969 and from 1 July to 
20 November 1969.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the AM 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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM.  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 AM.  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.  The Board found no evidence that orders were published authorizing the applicant additional awards of the AM.  Regulations in effect at the time authorized awards of the AM for sustained operations as in this case.  The Board has determined that the award recommendation is sufficient as the basis for 31 awards of the AM.  Therefore, the applicant is entitled to award of the AM with Numeral “31” and correction of his records to show the AM with Numeral “31”.

2.  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 showing that the individual concerned was awarded the Air Medal with Numeral “31”.

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

BOARD VOTE:  

__LLS___  __JEA___  __BJL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful   _
		        CHAIRPERSON

INDEX

CASE ID	AR2000044683	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
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.	107.00	
2.		
3.		
4.		
5.		
6.