PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000048330

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Air Medal with “V” Device (Eighth Oak Leaf Cluster) (correctly known as the Air Medal with Numeral “9” with “V” Device) instead of the Air Medal with “V” Device (Third Oak Leaf Cluster) (correctly known as the Air Medal with Numeral “4” with “V” Device).  He also requests award of the Good Conduct Medal.

3.  The applicant states, in effect, that his DD Form 214 does not show his 
five additional awards of the Air Medal.  He also states that he is entitled to the first award of the Good Conduct Medal.  In support of his application he submits
a copy of his DD Form 214, copy of orders awarding him the Air Medal for the second through the seventh oak leaf cluster, copy of SAH Form 146 (Transmittal of Award) and five copies of DA Form 759 (Individual Flight Record–Army Aviator).

4.  The applicant’s military records show he enlisted on 15 February 1966 as a helicopter repairman.  He served in Vietnam from 10 October 1967 to 5 October 1968 and was honorably discharged in the pay grade of E-5 on 8 October 1968.

5.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge (M14), the Aircraft Crewman Badge, the Army Commendation Medal and the
Air Medal with “V” Device (Third Oak Leaf Cluster).  His discharge document does not show any additional awards of the Air Medal.

6.  Headquarters, Americal Division General Orders Number 7603, dated 28 September 1968, awarded the Air Medal for the second through the seventh oak leaf cluster for meritorious achievement while participating in aerial flight while serving in Vietnam through 9 August 1968.

7.  The applicant’s provided several copies of DA Form 759.  His DA Form 759 for the period August 1968 shows that he had accrued an additional 25 combat flight hours after 9 August 1968, while engaged in Category I missions.

8.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
His records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

9.  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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows four awards of the Air Medal (Air Medal with “V” Device (Third Oak Leaf Cluster).

2.  The evidence of record shows he was awarded eight awards (second through seventh oak leaf cluster) of the Air Medal and that he had accrued an additional 25 combat flight hours following this period which is deemed worthy of an additional award of the Air Medal.  Therefore, he is entitled to correction of his records to show nine awards of the Air Medal (correctly known as the Air Medal with Numeral 9 with “V” Device).

3.  The evidence of record shows that he is entitled to the first award of the Good Conduct Medal for the period 15 February 1966 through 8 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  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 for the individual concerned be corrected by showing that he was awarded the Air Medal with Numeral “9” with “V” Device and the first award of the Good Conduct Medal for the period 15 February 1966 through 8 October 1968.

BOARD VOTE:  

__js___  ___ra___  __mm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2000048330	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681008	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  64		
2.  GCMDL		
3.		
4.		
5.		
6.