PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            30 March 2000     
	DOCKET NUMBER:   AR1999029678

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 military records to show additional awards of the Air Medal and an award of the Bronze Star Medal.  He also requests, in effect, correction of his military records to show unspecified medals with “V” devices. 

3.  The applicant states that his service records do not reflect the total number of his Air Medals, the Bronze Star Medal or medals with “V” devices.  In support of his application, he submits a copy of the citation and orders for the Bronze Star Medal.

4.  The applicant’s military records show that he enlisted on 16 October 1967 for a period of 2 years.  He was honorably discharged on 20 October 1968 to accept appointment as a Warrant Officer in the Army.  He was appointed as a Warrant Officer and entered active duty on 21 October 1968.  The applicant served as a helicopter pilot in Vietnam from 9 November 1968 through 2 November 1969 and was released from active duty on 22 December 1970.   

5.  The applicant’s DD Form 214 with an effective date of 22 December 1970, which was authenticated in his own hand, shows one award of the Air Medal as an authorized award.  The DD Form 214 does not show the Bronze Star Medal or any decoration with a “V” device. 

6.  The applicant’s personnel records contain Headquarters 1st Aviation Brigade General Orders Number 819, dated 19 February 1969, which shows the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 19 November 1968 to 19 December 1968 in Vietnam.

7.  DA Form 759 (Individual Flight Record and Flight Certificate) for the period July 1969 through October 1969 shows the applicant had 788 flight hours of combat time during his assignment in Vietnam. 

8.  The applicant’s personnel records contain Headquarters 1ST Aviation Brigade General Orders Number 5382, dated 23 October 1969, which shows the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during November 1968 to November 1969 in Vietnam.

9.  There is no evidence in the applicant’s personnel records which shows that he was awarded the Army Commendation Medal, Air Medal or the Bronze Star Medal for acts of heroism involving conflict with an armed enemy. 

10.  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.  There was no provision for making the award simply because an aircraft was struck by enemy fire.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 2 denotes the second award.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

CONCLUSIONS:

1.  The applicant’s DD Form 214 with an effective date of 22 December 1970 shows one award of the Air Medal.  

2.  Evidence of record shows the applicant flew 788 combat flight hours.  Therefore, he is entitled to correction of his military records to show an additional 30 awards of the Air Medal, a total of 31 awards of the Air Medal (correctly known as the Air Medal with numeral “31”).

3.  The applicant was awarded the Bronze Star Medal; therefore, he is entitled to correction of his military records to show this award.   

4.  The Board noted the applicant’s contention that he is entitled to correction of his military records to show decorations with “V” devices.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Army Commendation Medal, Air Medal or the Bronze Star Medal for acts of heroism involving conflict with an armed enemy.  Therefore, he is not entitled to correction of his military records to show an award with the “V” device. 

5.  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 Air Medal with numeral “31” and the Bronze Star Medal.

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

BOARD VOTE:  

BJE_____  HOF__  EWL   ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Barbara J. Ellis_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029678	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701222	
DISCHARGE AUTHORITY	AR 635-100  	
DISCHARGE REASON	Released from active duty	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0014	
3.		
4.		
5.		
6.