PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               1 August 2002
	DOCKET NUMBER:      AR2002072711

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal.

3.  The applicant states that he had enough flying time to receive the Air Medal.  He did not submit any documents in support of his application.

4.  The applicant’s military records show that he enlisted in the Army on 9 August 1966 for a period of three years.  He completed training as a helicopter repairman and served in Vietnam from 6 January 1967 through 31 December 1967.  The applicant was honorably released from active duty on 8 August 1969 in the rank of specialist five.

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

6.  There are no orders in the applicant’s personnel records which show he was awarded the basic Air Medal.  There is no evidence that he was recommended for award of the Air Medal or that he met the qualifications for award of the Air Medal.  

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not list the Air Medal in item 41 (Awards and Decorations).  There are no flights records available to the Board which shows he participated in aerial flights during his assignment in Vietnam.

8.  The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Commendation Medal which are not shown on his discharge document.

9.  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.  The applicant's service personnel records contain Headquarters, Americal Division General Orders Number 1756, dated 31 December 1967, which awarded him the Army Commendation Medal for meritorious service during the period January 1967 to December 1967.

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.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he is entitled to award of the Air Medal based on his "flying time." However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, there is no basis for granting him award of the Air Medal.  

2.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

3.  Evidence of record shows the applicant was awarded the Army Commendation Medal; therefore, his DD Form 214 will be amended to show this award.

4.  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 the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Commendation Medal.

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

BOARD VOTE:  

SAC____  MHM____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072711	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.