PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 January 2001
	DOCKET NUMBER:   AR2000046301

	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:

	Mr. Mark D. Manning 		Chairperson	
	Mr. Curtis L. Greenway 		Member	
	Mr. Eric N. Andersen		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 a second award of the Distinguished Flying Cross and additional awards of the Air Medal.

3.  The applicant’s request for a second award of the Distinguished Flying Cross is outside the statute of limitations on approval of award recommendations for actions during the Vietnam War.  However, the applicant’s request for this  award can be considered under the provisions of Title 10, United States Code, Section 1130 which governs consideration of awards not submitted within time limits established by law.  The applicant must exhaust this remedy before the Army Board for Correction of Military Records will consider this portion of his request and he has been so notified by separate correspondence .  Therefore, consideration of a second award of the Distinguished Flying Cross for the applicant is not discussed further in these Proceedings.

4.  The applicant states, in effect, that he has been trying to get additional awards of the Air Medal due to him for his service in Vietnam.  However, he has been unable to get copies of his flight records covering his service in Vietnam.  The applicant contends that he flew 1000 to 1200 combat flight hours in Vietnam which should be the basis for additional awards of the Air Medal.

5.  The applicant’s military records show that he entered active duty on 29 January 1970 and completed training as an infantry indirect fire crewman.  He served in Vietnam from 29 August 1970 to 13 March 1972.  The applicant was honorably discharged on 27 June 1972 and immediately reenlisted.  He served until 27 June 1978 when he was honorably discharged.

6.  The applicant’s service personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 June 1972 which covered the period of the applicant’s assignment in Vietnam.  This DD Form 214 is hereafter referred to as DD Form 214 #1.  His records also contain a 214 (Report of Separation from Active Duty) with an effective date of 27 June 1978 which is hereafter referred to as DD Form 214 #2.

7.  DD Form 214 #1 does not show the Air Medal as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

8.  DD Form 214 #2 shows one award of the Air Medal as an authorized award.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned as a door gunner in an assault helicopter company in the 101st Airborne Division from 29 August 1970 to 3 February 1972.  However, 101st Airborne Division Special Orders Number 29, dated 29 January 1972, removed the applicant’s military occupational (MOS) 67A1F as a door gunner effective 29 January 1972 and assigned him the primary MOS of 11C40 (infantry mortar squad leader).  

10. The applicant’s DA Form 20 shows that, effective 4 February 1972 he was assigned to the Replacement Detachment of the 196th Infantry Brigade.

11.  The applicant submitted a copy of 101st Airborne Division General Orders Number 3445, dated 25 April 1971, which awarded him the Air Medal for the period 7 September 1970 to 19 September 1970.  There is no evidence that the applicant received any additional awards of the Air Medal during his service in the 101st Airborne Division.  A search of the General Orders of the 101st Airborne Division did not reveal any additional awards of the Air Medal to the applicant.  

12.  The applicant also submitted a copy of 101st Airborne Division General Orders Number 7102, dated 23 June 1971, which awarded him the Distinguished Flying Cross for his actions as a helicopter door gunner on 20 March 1971.

13. The applicant also submitted statements in support of a second award of the Distinguished Flying Cross for his actions as a helicopter door gunner on 4 June 1971.

14.  The applicant’s personnel records contain 196th Infantry Brigade General Orders Number 01308, dated 14 March 1972, which awarded him the Air Medal for the period 1 March 1971 to 29 June 1971.

15.  Army Regulation 600-8-22 (Military Awards) 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.  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.

16.  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.

17.  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.  The applicant received the basic award of the Air Medal for the period 7 September 1970 to 19 September 1970 while serving as a door gunner in assault helicopter company in the 101st Airborne Division.

2.  The applicant’s DA Form 20 shows that he was assigned as a door gunner in an assault helicopter company from 29 August 1970 to 3 February 1972.  However, orders show that his door gunner duties were terminated effective 29 January 1972. 

3.  Review of the applicant’s personnel records, award orders for an award of the Distinguished Flying Cross and a statement in support of a second award of the Distinguished Flying Cross confirm that he was performing door gunner duties and combat assault flight hours during the period 7 September 1970 through 4 June 1971.  

4.  There is evidence which shows that the applicant was assigned as a door gunner from 5 June 1971 to 29 January 1972, but there is no indication that he participated in aerial flight or accrued combat flight hours during this period.

5.  Based on the foregoing, it is evident that the applicant should have received additional awards of the Air Medal on the basis of sustained operations as a helicopter door gunner for the period 20 September 1970 through 4 June 1971.  Although there are no flight records documenting the applicant’s flight hours, available orders show that aviation crew members serving with the applicant earned Air Medals at a rate of one Air Medal every two to three weeks.  Therefore, it is appropriate in the interest of equity and as an exception to regulation to award the applicant additional Air Medals based on one for every three weeks during the period 20 September 1970 through 4 June 1971.  As a result, the applicant is entitled to 16 additional awards of the Air Medal (for a total of 17 awards of the Air Medal) while assigned in the 101st Airborne Division during the period 20 September 1970 through 4 June 1971.  

6.  There is no evidence that the applicant performed flight duties in the 101st Airborne Division after 4 June 1971 until his assignment to the 196th Infantry Brigade on 4 February 1972. Therefore, in the absence of evidence to the contrary, the applicant is not entitled to additional awards of the Air Medals for the period 5 June 1971 to 3 February 1972.

7.  Orders show the applicant received one additional award of the Air Medal during his service in the 196th Infantry Brigade in Vietnam.  Therefore the applicant is entitled to a total of 18 awards of the Air Medal (correctly known as the Air Medal with Numeral 18) during his service in Vietnam from 29 August 1970 through 14 March 1972. 

8.  The Board noted the applicant’s contention that he flew 1000 to 1200 combat flight hours during his service as a door gunner in Vietnam.  However, in the absence of any evidence confirming the applicant completed this number of flight hours or combat missions, the Board is not predisposed to authorize entitlement to approximately 40 or 50 awards of the Air Medal which could accrue from completion of 1000 to 1200 missions or combat flight hours.

9.  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 amending DD Form #2 (with an effective date of 27 June 1978) to show the individual concerned is entitled to 18 awards of the Air Medal, correctly known as the Air Medal with Numeral 18.

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

BOARD VOTE:  

__ENA__  __MDM__  __CSG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Mark D. Manning_
		        CHAIRPERSON

INDEX

CASE ID	AR2000046301	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0018.000	
2.		
3.		
4.		
5.		
6.