RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            20 November 2003
	DOCKET NUMBER:   AR2003088758

	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. Luis Almodova		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be awarded the Air Medal and Aircraft Crewman Badge.

2.  The applicant states, in effect, that he served as a rifleman/door gunner during the period June 1971 through 1 October 1971 with the aero scout unit.  He estimates that he completed over 200 hours in the air during this assignment.  He further states that he would like to pass the medals on to his children.

3.  The applicant provides nothing in support of his application, even though he entered in item 10 (In Support of this Application I Submit as Evidence the Following:), of the DD Form 149, Application for Correction of Military Record, "Copies of records from Army form DA-20."

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show that he enlisted in the Army for 3 years on 23 May 1969.  He completed basic combat and advanced individual training at Fort Ord, California, and was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

2.  The applicant was assigned to Germany as a first duty station on 22 October 1969.  He served with the 1st Battalion, 13th Infantry, in Germany.  He received reassignment orders and departed Germany en route to Vietnam on 19 December 1969.

3.  The applicant arrived in Vietnam on 21 September 1970 and was assigned to Company D, 2nd Battalion, 506th Infantry (Air Mobile), as a rifleman.  On 21 June 1971, he was reassigned to the 334th Aviation Company (Attack Helicopter) as a light truck driver.  On 29 June 1971, he was further reassigned to Troop F, 4th Cavalry Squadron as a rifleman.  He remained with this unit until 24 October 1971 when he was reassigned to Fort Knox, Kentucky, at the end of his Vietnam tour of duty.

4.  While in Vietnam, the applicant participated in two campaigns:  the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971 and the Consolidation I, which extended from 1 July through 30 November 1971. 

5.  The applicant was discharged on 13 September 1972.  The applicant's DD Form 214 shows that he was awarded the following: the Army Commendation Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two overseas service bars during his Army service.  The Air Medal and the Aircraft Crewman Badge are not shown on the DD Form 214.

6.  There are no orders in the applicant's service personnel records awarding him the Air Medal or the Aircraft Crewman Badge.  There are no orders in the applicant's service personnel records assigning him to duties as a door gunner.

7.  There is no DA Form 759, Individual Flight Record and Flight Certificate-Army, in his service personnel records to indicate that he accumulated any hours in flight while he was in Vietnam on either a crewmember or non-crewmember status.

8.  There is no entry in Item 41 (Awards and Decorations), of his DA Form 20, Enlisted Qualification Record, indicating that the Air Medal or the Aircraft Crewman Badge was awarded him.  The applicant signed his DD Form 214, in his own hand, attesting to the accuracy of the information recorded on this form on the date of his discharge from the Army on 13 September 1972.

9.  The applicant's DD Form 214, with an effect date of 13 September 1972, shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which the applicant is entitled for campaign participation.

10.  On 20 August 1969, the applicant qualified expert with the 81mm Mortar.  He was awarded the Expert Marksmanship Qualification Badge with Mortar Bar in Special Orders Number 176, paragraph 3, published by Headquarters, Second AIT (Advanced Individual Training) Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, dated 27 August 1969.

11.  Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

12.  The above regulation 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 is required.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM).  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.

14.  AR 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the unit the applicant served with, Company D, 2nd Battalion, 506th Infantry (Air Mobile), was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period from 1 March 1971 through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.  The applicant's DD Form 214 does not show this award as an authorized award.  This unit award was made after he had been discharged from the Army.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has provided none, upon which to base award of the Air Medal and the Aircraft Crewman Badge and to add it to his discharge document.

2.  The applicant was present and participated in two campaigns during his tenure in the Republic of Vietnam; therefore, he is entitled to award of two bronze service star to be affixed to his already awarded Vietnam Service Medal and to have them shown on his DD Form 214.

3.  The applicant served with, D Company, 2nd Battalion, 506th Infantry (Air Mobile), during the period it was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  The applicant's DD Form 214 does not show this award as an authorized award because it was awarded after he had departed from the unit and after he had been discharged from the Army.  It would be appropriate to add this unit award to his DD Form 214 at this time.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.  This badge is not shown on his DD Form 214.  It would be appropriate to add this badge to his DD Form 214 at this time.

BOARD VOTE:

___jhl___  __lds____  ___rld  __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and two bronze service stars to be affixed to his already awarded Vietnam Service Medal, and adding these awards to his discharge document; and

	b.  adding the already awarded Expert Marksmanship Qualification Badge with Mortar Bar to the applicant DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Air Medal and the Aircraft Crewman Badge to the applicant. 

		____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088758	
SUFFIX		
RECON		
DATE BOARDED	2003/11/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  64	107.0018	
3.  164	107.0118	
4.		
5.		
6.