PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           21 February 2002                  
	DOCKET NUMBER:   AR2001058410

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		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 reconsideration of his earlier appeal to award him the Air Medal.

3.  The applicant states that, because he left Vietnam early on emergency leave, he was overlooked for award of the Air Medal.  He provides statements from his company executive officer and platoon leader to substantiate his case.

4.  Incorporated herein by reference are military records which were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR1999017432) on 22 July 1999.

5.  The executive officer, a retired captain, writes, in effect, that the applicant flew with F Troop’s infantry platoon at least 3 times a week, that he earned the Air Medal and that it should be awarded now.

6.  The platoon leader, a retired lieutenant colonel, writes that the applicant was ”my medic in the Aero Rifle Platoon from May 15, 1969 until 15 October 1969.…During this period he flew more than 6 combat missions per month including combat assaults, snatch and recovery, and similar combat related missions – which more than qualifies him to receive the Air Medal.”

7.  As noted in the previous decisional document, the applicant had submitted a copy of Americal Division’s General Orders Number 10765 of 17 October 1969 that awarded the Air Medial to other members of the unit for meritorious achievement between early May and late September 1969.

8.  Conclusion number 4 of the Boards previous decision states, “The applicant has provided no evidence to substantiate his eligibility for award of the Air Medal. The orders submitted showing the names of others does not substantiate his eligibility for the Air Medal.  He should obtain witness statements from his commander and platoon leader and resubmit his request for consideration of award of the Air Medal.”

9.  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.  
 
10.  U.S Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal.  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.

CONCLUSIONS: 

1.  There apparently are no orders awarding the applicant the Air Medal and his previous officers do not report that they ever recommended him for the award.  However, in light of all the circumstances of the case, especially the credible statements and recommendations from the applicant’s former officers, as an exception to policy, it is appropriate to award him that decoration at this time. 

2.  In view of the foregoing, correcting the applicant’s record as recommended below would rectify an injustice.

RECOMMENDATION:

1.  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 for meritorious achievement between 15 May and 15 October 1969.

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

BOARD VOTE:  

__GDP__  ___TAP__  __MHM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__   George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058410	
SUFFIX		
RECON	 	
DATE BOARDED	20020221	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.