PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 August 2001
	DOCKET NUMBER:   AR2001057870

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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, that he be awarded 30 additional awards of the Air Medal (AM). 

3.  The applicant states, in effect, that he flew 774 hours of combat time and was awarded only one AM for achievement, in addition, to the two AMs he received with a Valor (“V”) Device for heroism.  He claims that based on the standard in effect at the time he should have received one award of the AM for every 
25 hours of combat time flown, which would have resulted in his receiving a total of 32 AMs.

4.  The applicant’s military records show that he served on active duty in an enlisted status for 11 months and 6 days, from 27 November 1968 through 
2 November 1969, at which time he was honorably separated, in the rank and pay grade of specialist five/E-5, in order to accept a warrant officer appointment.

5.  On 3 November 1969, the applicant was appointed as an aviation warrant officer one (WO1) in the United States Army Reserve (USAR) and immediately entered active duty in that status.  He served on active duty in that status for 
3 years until 2 November 1972, when he was honorably separated and transferred to the USAR Control Group in the rank of chief warrant officer two (CW2). 

6.  The applicant’s Qualification Record (DA Form 66) confirms that he served in Vietnam from 18 May 1970 to 17 May 1971.  It also shows that during his active duty tenure he earned the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal (AM), Army Commendation Medal, Vietnam Campaign Medal, and three awards of the AM, two with Valor (“V”) Device.  

7.  The file also includes orders verifying that the applicant was awarded the 
AM for meritorious achievement while participating in aerial flight from 27 May to 7 June 1970 and was twice awarded the AM with “V” Device for heroism on 
26 December 1970 and 13 March 1971 respectively. 

8.  The record also includes an Individual Flight Record & Flight Certificate 
(DA Form 759), which confirms he accrued 774 hours of combat flight time while serving in Vietnam as an attack rotary wing pilot assigned to the 123rd Aviation Battalion, 23rd Infantry Division. 

9.  Army Regulation 600-8-22 prescribes the policy and procedure of individual military awards.  Paragraph 3-15 contains guidance on awarding the AM.  It states, in pertinent part, that it may be awarded to members who distinguished themselves by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism, or for meritorious service.

10.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for awarding the AM during the Vietnam Conflict based on the types of missions and total hours flown.  It established flying 25 category 1 missions (air assault and equally dangerous missions) and accruing a minimum of 25 hours of flight time while engaged in flying those missions as the standard for earning an award of the AM. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should have received an award of the AM for every 25 hours of combat flight time he accrued and finds this claim has merit.  

2.  Under the provisions of the USARV guidelines, in effect at the time, a standard of 25 category one missions and 25 hours of accrued flight time on those missions was established as the criteria for award of an AM.  

3.  The evidence of record contains no specific confirmation of the category of missions flown by the applicant in his accrual of 774 hours of combat flight time in Vietnam.  However, the Board finds it is reasonable to presume that he flew category 1 missions as defined in the USARV regulation.  This presumption is based on the fact the applicant was an attack helicopter pilot assigned to a combat aviation battalion of an infantry division. 

4.  Therefore, the Board concludes the applicant is entitled to one award of the AM for every 25 hours of combat flight time he accrued and based on his having accrued a total of 774 hours of combat flight time in Vietnam he should be awarded 30 AMs for achievement, in addition, to the two he earned for heroism.

5.  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 earned the Air Medal with Numeral “32” and “V” Device. 

BOARD VOTE:  

__WTM__  __REB__  __JRS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison __
		        CHAIRPERSON

INDEX

CASE ID	AR2001057870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/14	
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.