PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               14 November 2000
	DOCKET NUMBER:      AR2000045098

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Terry L. Placek		Member	
	Ms. Meta Waller		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, nine additional awards of the Air Medal.

3.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show nine additional awards of the Air Medal (tenth through the eighteenth awards).  In support of his application, he submits a copy of his DD Form 214, a copy of flight record, a letter of explanation and copies of orders awarding him the second through the seventh awards and the eight through the ninth awards of the Air Medal.

4.  The applicant’s military records are not available for review by this Board.  However, his DD Form 214 shows he entered active duty on 4 May 1970 as a warrant officer aviator and was released from active duty on 3 May 1973.  

5.  The applicant’s DD Form 214 shows he was awarded the Air Medal (7th Award) which is correctly known as the Air Medal with Numeral “7”.  

6.  The applicant provided a copy of Headquarters, 1st Aviation Brigade General Orders Number 6778, dated 14 October 1971, which awarded the applicant the eight and ninth awards of the Air Medal for meritorious achievement while participating in aerial flight while serving in Vietnam from 1 August 1971 to 22 September 1971.  These awards are not shown on his DD Form 214.

7.  The applicant provided a copy of DA Form 759-E (Individual Flight Record and Certificate-Army) for the period 1 October 1994 to 30 September 1995 showing he had previously performed 463 combat flight hours which could only have been flown in Vietnam based on his dates of active duty.

8.  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.  Fifty Category II missions (air land or parachute resupply not connected with a combat assault, forward air control, aircraft recovery not connected with a combat assault, aero-medical evacuation not connected with a combat assault, flare drop in support of a specific combat operation and troop lift in support of combat operations not connected with a combat assault) and accrual of a minimum of 50 hours of flight time while engaged in Category II 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. 
CONCLUSIONS:

1.  The applicant’s DD Form 214 shows the Air Medal (7th Award) (correctly known as the Air Medal with Numeral “7”).

2.  General Orders show that he was awarded the eight and ninth award of the Air Medal.  Therefore, he is entitled to correction of his records to show the Air Medal with Numeral “9”.

3.  The Board noted that the applicant could not have flown any additional missions after his departure from Vietnam on 23 September 1971.  Further, the period of service for his last award of the Air Medal ended on 22 September 1971 and the General Orders published by his unit show all the Air Medals awarded to him covered all of his service in Vietnam.  There also is no evidence as to the category of missions flown or evidence of any additional DA Forms 759 to support additional awards of the Air Medal.  Therefore, he is not entitled to any additional awards of the Air Medal beyond the ninth award as authorized by Headquarters, 1st Aviation Brigade General Orders.

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 by showing that the individual concerned was awarded the Air Medal with Numeral “9”.

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

BOARD VOTE:  

SP______  TLP____  MW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_SHIRLEY POWELL__
		        CHAIRPERSON

INDEX

CASE ID	AR2000045098	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730503	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  64		
2.  		
3.		
4.		
5.		
6.