PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002       
	DOCKET NUMBER:   AR2002069731

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Thomas Lanyi		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, award of the Air Medal and three unspecified awards. 

3.  The applicant states, in effect, that when he left Vietnam in 1972 he was given the Air Medal and three ribbons (a red one with one bronze oak leaf cluster, a blue one with one bronze oak leaf cluster and a Vietnam ribbon with two bronze oak leaf clusters).  He contends that these awards do not show up on his DD Form 214 (Report of Separation from Active Duty).  In support of his application, he submits an undated letter of explanation; an eyewitness statement, dated 
26 December 2001, from a retired Lieutenant General; an eyewitness statement, dated 15 August 2001, from a retired first sergeant; and an eyewitness statement, dated 1 August 2001, from a retired lieutenant colonel.  

4.  The applicant’s military records show that he enlisted on 11 January 1971.  He served as an armor crewman in Vietnam from 21 August 1971 through 
7 March 1972 and was honorably released on 29 January 1974.   

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Air Medal as an authorized award.

6.  The applicant’s DD Form 214 does show award of the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and the Expert Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.

7.  There are no orders for the Air Medal in the applicant’s service personnel records.  There are no flight hours in the applicant’s service personnel records.  

8.  In support of his claim for award of the Air Medal, the applicant provided three eyewitness statements.  He provided one statement, dated 26 December 2001, from a retired Lieutenant General who attests that the applicant should be awarded the Air Medal for his aerial exploits during combat in Vietnam from October 1971 to 1972 and states that “I commanded A/2/17 CAV [A Troop, 2nd Squadron, 17th Cavalry] during that time frame and can attest to Mr. [the applicant’s last name] participation in aerial flight qualifying him for at least 3 Air Medals.”  Two eyewitness statements, dated 15 August 2001 and 1 August 2001, from aerial rifle squad leaders at the time in question attest that the applicant served with the aerial rifle platoon, A Troop, 2/17th Cavalry Squadron from October 1971 to January 1972.  They state that the aerial rifle platoon’s missions were reconnaissance, patrol, and bomb assessment; but the priority was rescue and extraction of shot down helicopter pilots.  They also state that the applicant earned the Air Medal (well over 60 hours of combat aerial flight).   
9.  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 8, dated 1974.

10.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Air Medal to the applicant.  However, the applicant has provided three eyewitness statements in support of his claim for award of the Air Medal.  Upon review of these statements, and in accordance with U.S. Army Vietnam (USARV) Regulation 672-1, the Board concluded that it would be reasonable to assume that the applicant participated in at least twenty-five Category I missions during his assignment in Vietnam.  Therefore, the Board determined that these eyewitness statements were sufficient as a basis for award of the basic Air Medal in this case.   

2.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

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 basic Air Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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

BOARD VOTE:  

JNS___  EJA_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069731	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0094	
3.		
4.		
5.		
6.