PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           15 November 2001                   
	DOCKET NUMBER:   AR2001057749

	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. Edmund P. Mercanti		                      Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 Air Medal.

3.  The applicant states that he had made the number of combat assaults required for the award of the Air Medal during the 7 months he served with the 1st Cavalry Division in Vietnam.

4.  In support of his application he submits a letter from his former unit commander who states that his unit did not document the air assaults made by his men, relying on impact awards in lieu of documenting the number of air assaults made.  However, he personally attests that the applicant had made the required number of air assaults to be awarded the Air Medal.

5.  The applicant’s military records show that he was inducted on 12 January 1968, was awarded the military occupational specialty of armor crewman, and was promoted to pay grade E-5.  He served in Vietnam from 11 June 1968 to 9 June 1969, of which 7 months was served in a cavalry company (during which time he was awarded the Combat Infantryman Badge).

6.  He was honorably released from active duty on 9 January 1970.  The DD Form 214 he was issued shows that he was awarded the Vietnam Service Medal with 2 bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, and weapons qualification badges.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  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 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) 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.  While there is no evidence of record to substantiate the applicant’s claim that he made air assaults, he was assigned to a cavalry unit and was awarded the Combat Infantryman Badge during that assignment, both which lend credence to his claim.

2.  Therefore, the Board has no reservation in accepting the applicant’s former commander’s statement as verification that he did, in fact, participate in sufficient air assaults to earn the Air Medal.

3.  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 that the individual concerned was awarded the Air Medal.

BOARD VOTE:  

__sk____  ___inw __  ___kah__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057749	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011115	
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.