PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 February 2001
	DOCKET NUMBER:   AR2000045095

	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 the correct number of Air Medals (AM).

3.  The applicant states that he was only awarded the AM and was never awarded the correct number of Air Medals.  He states that he was recommended for a Bronze Star Medal (BSM) but his unit was deactivated before any awards were given to him.  In support of his application he submits DA Form 759 (Individual Flight Record and Flight Certificate-Army) and a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty).

4.  The applicant’s military records show that he was honorably retired on 
31 August 1982 in the rank of chief warrant officer three (CW3).  His awards include the Air Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

5.  Item 13 (Decorations) of the applicant’s DD Form 214 does not show the BSM and additional awards of the AM.

6.  The file indicates that the applicant performed 535 combat flight hours based upon his time served in Vietnam from 12 June 1971 to 17 March 1972.

7.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  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

9.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period.

CONCLUSIONS:

1.  The applicant was awarded the AM.  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 number of combat flight hours provides a sufficient basis for 21 awards of the AM.  Therefore, the applicant is entitled to award of the AM with Numeral “21” and correction of his records to show the AM with Numeral “21”.

2.  There is no evidence of record that shows the applicant was awarded or recommended for the BSM.  Therefore, he is not entitled to award of the BSM.

3.  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 “21”.

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	AR2000045095	
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.