PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 7 December 2000             
	DOCKET NUMBER:        AR2000046770

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his records to show additional awards of the Air Medal.

3.  The applicant states that he flew 1826 combat hours from December 1969 to June 1971 in Vietnam.  He also states that many of his peers received multiple Air Medals for fewer hours.  In support of his application, he submits a copy of his DA Form 759 (Individual Flight Record and Flight Certificate – Army) and DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he enlisted in the Army on 31 January 1968 and completed basic combat training.  On 20 October 1969, he was appointed as a Reserve Warrant Officer upon completion of the Warrant Officers Rotary Wing Aircraft Course.  He served in Vietnam from 27 November 1969 to 30 June 1971 as a helicopter pilot.  The applicant was released from active duty in the rank of CW2 on 1 July 1971.

5.  The applicant’s records contain two DD Forms 214.  His discharge document with an effective date of 1 July 1971 shows entitlement to one Air Medal.

6.  Headquarters, 1st Aviation Brigade General Orders Number 7581, dated 7 August 1970, awarded the applicant the basic Air Medal for the period 7 December 1969 to 19 December 1969.

7.  DA Form 759-1 (Individual Flight Record and Flight Certificate – Part II) in the applicant’s records shows he completed 1796 flight hours of combat time from 21 December 1969 through 14 June 1971.

8.  A review of the applicant’s records reveal that he is entitled to award of the Bronze Star Medal (Second Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge documents.

9.  The applicant’s DD Form 214 shows entitlement to the Bronze Star Medal.  His records contain 1st Aviation Brigade General Orders Number 3862, dated 7 May 1971, which awarded him the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service during the period November 1969 to May 1971.

10.  Table B-1 of Army Regulation 600-8-22 shows that the applicant was entitled to credit for participation in the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), the DA Sanctuary Counteroffensive (1 May 1970-30 June 1970) and the Vietnam Counteroffensive, Phase VII (1 July 1970-30 June 1971) campaigns during his tour in Vietnam.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.

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 Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

12.  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. 

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

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one award of the Air Medal.

2.  Evidence of record shows the applicant flew 1796 combat flight hours in Vietnam after his first award of the Air Medal.  Therefore, the applicant is entitled to correction of his DD Form 214, with an effective date of 1 July 1971, to show an additional 72 awards of the Air Medal (a total of 73 awards of the Air Medal).

3.  Orders show the applicant was awarded the Bronze Star Medal (Second Oak Leaf Cluster); therefore, he is entitled to amendment of his DD Form 214 to show the entry “Bronze Star Medal (Second Oak Leaf Cluster)”.

4.  The applicant participated in three campaigns during his assignment in Vietnam which are not correctly recognized by service stars on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of DD Form 214 to show this award.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Air Medal with numeral “73”, the Bronze Star Medal (Second Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

RVO____  JPI_____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000046770	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0000	
3.		
4.		
5.		
6.