PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           30 October 2003                  
	DOCKET NUMBER:   AR2003088263

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 that his records be corrected by awarding him the Air Medal.

3.  The applicant states that he served as crew chief in a “UH1D” troop carrier helicopter assigned to the 170th Assault Helicopter Company in the central highlands of Vietnam.  He states that a number of their missions were classified as they were flying into Laos and/or Cambodia.  

4.  The applicant’s military records show he entered active duty on 6 July 1965.  He served in Vietnam from 15 October 1966 through 16 June 1967 as a 67N20 (utility helicopter repairman) with the 170th Aviation Company, 52nd Aviation Battalion.

5.  On 21 June 1967 he was released from active duty and transferred to the Individual Ready Reserve.

6.  His DD Form 214 (Report of Transfer or Discharge) lists his awards and decorations as the National Defense Service Medal and the Vietnam Service Medal.  

7.  His DD Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Expert Badge with Rifle Bar.  It also shows that his conduct and efficiency were excellent.

8.  His OMPF (Official Military Personnel File) is silent for entitlement to or award of the Air Medal.  There are no orders for flight status and no records of a physical examination for flight status.

9.  A review of the unit historical records failed to indicate that he was awarded the Air Medal.

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the 170th Aviation Company, 52nd Aviation Battalion was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the applicant’s period of service.

11.  Army Regulation 600-8-22, paragraph 3-15, provides 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.  

12.  Army Regulation 600-8-22, chapter 4, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, but disqualification must be justified.  Current practice requires that the commander provide written notice of a non-favorable consideration and permits the individual to respond.  At that time, a non-favorable consideration was normally noted on the DA Form 20.

13.  Army Regulation 600-8-22, paragraph 6-7, authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a service star is authorized for wear on the Vietnam Service Medal.  These include the Counteroffensive Phase II, 1 July 1966 through 31 May 1967 and Counteroffensive Phase III, 1 June 1967 through 29 January 1968.

14.  Army Regulation 600-8-22, paragraph 8-25, provides that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.

15.  Army Regulation 600-8-22, chapter 9, in part, provides for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. 

CONCLUSIONS:

1.  The Board finds that there is insufficient evidence to award the applicant the Air Medal.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his personal decorations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 6 July 1965 through 21 June 1967.

3.  He successfully completed and was awarded a 67 series MOS which entitles him to the Air Crew Member Badge. 

4.  He was qualified for and was awarded the Air Crew Member Badge, and the Expert Qualification Badge with Rifle Bar.

5.  He qualified as an expert with the M-14 rifle which entitles him to the Expert Badge with Rifle Bar.

6.  The applicant served in combat during two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal.

7.  Therefore, the Board finds that his records should be corrected by awarding him the Good Conduct Medal, the Presidential Unit Citation, and two bronze service stars for wear on the Vietnam Service Medal.

8.  His records should also be corrected to show he was authorized and awarded the Republic of Vietnam Campaign Medal, the Air Crew Member Badge, and the Expert Qualification Badge with Rifle Bar.

9.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  awarding him the Good Conduct Medal; and,

	b.  correcting his records to show he was also authorized and awarded the Republic of Vietnam Campaign Medal, the Air Crew Member Badge, and the Expert Qualification Badge with Rifle Bar, the Presidential Unit Citation, and two bronze service stars for wear on the Vietnam Service Medal, in addition to those awards listed on his DD Form 214.

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

BOARD VOTE:  

_CLG___  __EWL __  _LCB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Curtis L. Greenway________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088263	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.