PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 November 2003 
	DOCKET NUMBER:   AR2003084137

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		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 previous application to correct his military records by awarding him the Air Medal and the Free Fall Parachutist Badge.

3.  The applicant states, in effect, that he visited the National Archives in Maryland and discovered that there were no records for the unit he served in while in Vietnam prior to 1968.  However, there were General Orders for the Division which contained orders for members of his unit at the time that they were awarded the Air Medal.  He continues by stating that some of the names were soldiers who were awarded the Combat Infantryman Badge (CIB) with him.  He also states that he believes that the failure to award him the Air Medal was simply a matter of clerical error because he earned the award and participated in category I aerial flight missions.  In support of his application he submits several copies of orders awarding soldiers the Air Medal and a copy of his certificate and jump completion certificate qualifying him for the Free Fall Parachutist Badge.  

4.  The Memorandum of Consideration (MOC) of the Board’s 1 August 2002 review of the case (AR2002071603) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new evidence and/or argument that requires Board consideration.

6.  The orders submitted by the applicant consist of a copy of the orders awarding him the CIB and copies of two orders dated in December 1966, awarding soldiers the Air Medal.  At least two names contained on the Air Medal orders are also contained on the orders awarding the applicant the CIB in February 1966.  He also submits a Certificate of Training which shows that he completed the Military Free Fall Course of Instruction and demonstrated his proficiency through participation in 15 free fall jumps from altitudes of 8,000 to 20,000 feet. 

7.  United States Army – Vietnam (USARV) Regulation 672-1, in effect at the time, provided in pertinent part, that to be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time towards award of an Air Medal for sustained operations, different computations would have had to be made to combine category I,II and III flight time and adjust it to a common denominator.

8.  Military Personnel (MILPER) message number 97-154, dated 15 October 1997, announced that the Chief of Staff of the Army had approved permanent wear of the Military Free Fall Parachutist Badge.  It provides, in pertinent part, that to be eligible for award of the basic badge, an individual must have satisfactorily completed a prescribed program of instruction in military free fall approved by the United States Army John F. Kennedy Special Warfare Center and School or have executed a military free fall combat jump.  

CONCLUSIONS:

1.  Although the applicant has provided orders which show that members of his unit who were awarded the CIB at the same time as he received the CIB, this information does not translate to a basis to award him the Air Medal simply because they received it 6 months later.

2.  The available evidence does not provide any basis in which the Board can determine if the applicant in fact participated in the same missions as the other individuals who were awarded the Air Medal.  Therefore, lacking such corroboration, there is no basis for the Board to award him the Air Medal at this time.

3.  However, the applicant has provided sufficient evidence to show that he did attend and complete the requisite course of instruction/training to qualify for award of the Free Fall Parachutist Badge.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Military Free Fall Parachutist Badge.

2.  That so much of the application as pertains to award of the Air Medal, that is in excess of the forgoing be denied.

BOARD VOTE:

__jhl____  __lds____  __rld____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084137	
SUFFIX		
RECON		
DATE BOARDED	2003/11/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  64	107.0018/AM	
2.  166	107.0120/Free Fall Prcht Badge	
3.		
4.		
5.		
6.