PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                10 May 2000
	DOCKET NUMBER:       AR1999030583

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 that he was awarded the Aircraft Crew Member Badge, the Bronze Star Medal, the Air Medal with “V” Device, the Good Conduct Medal, the Army Commendation Medal (ARCOM),
the Army Service Ribbon, the Republic of Vietnam Campaign Medal, the Vietnam Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Air Medal with 9 Oak Leaf Clusters (correctly known as the Air Medal with Numeral “10”).

3.  The applicant states that the aforementioned awards are not listed on his DD Form 214.  In support of his application he submits a copy of his DD Form 214, 
copy of his request for flight status, copy of his clearance statement, copy of his orders for crew member flight status, copy of his termination of flight status, copy of DA Form 759 (Individual Flight Record and Flight Certificate-Army), copy of orders awarding him the Bronze Star Medal and the Air Medal with “V” Device, copy of USARV Form 157-R (Recommendation for Decoration for Valor or Merit)
recommending him for the Air Medal with 9 Oak Leaf Clusters (correctly known as the Air Medal with Numeral “10”) and a copy of his DA Form 20 (Personnel Qualification Record).

4.  The applicant’s military records show he entered active duty on 26 February 1969 as a clerk.  He served in Vietnam from 14 May 1970 to 30 September 1971.
While in Vietnam he served as a door gunner from 17 March 1971 to 7 September 1971.  The applicant was honorably discharged on 1 October 1971. 

5.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Sharpshooter Marksmanship Badge (M14) and two Overseas Service Bars.

6.  His discharge document does not show the Aircraft Crew Member Badge, the Bronze Star Medal, the Air Medal with “V” Device, the Good Conduct Medal, the Army Commendation Medal, the Army Service Ribbon, the Republic of Vietnam Campaign Medal, the Vietnam Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Air Medal with 9 Oak Leaf Clusters
(Correctly Known as the Air Medal with Numeral “10”) as authorized awards.

7.  Company A, 159th Aviation Battalion (Aslt Spt Hel), 101st Airborne Division (Airborne) memorandum, dated 5 April 1971, shows that the applicant’s unit requested that the applicant be placed on flight status with an effective date of 17 March 1971.

8.  Headquarters, 159th Assault Support Helicopter Battalion, 101st Airborne Division (Airmobile) memorandum, dated 18 March 1971, shows that the applicant was medically cleared to perform the duties of an aerial gunner in the Republic of Vietnam.

9.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 108, dated 18 April 1971, shows award of the applicant’s Crewmember Flight Status as a door gunner with an effective date of 17 March 1971.  

10.  A request for termination of flight status order was submitted on 7 September 1971 by the applicant’s command with a termination date of 7 September 1971.

11.  Headquarters, 101st Airborne Division (Airmobile) General Orders, Number 9405, dated 16 September 1971, awarded the applicant the Bronze Star Medal for meritorious service while serving in Vietnam from September 1970 to September 1971.

12.  Headquarters, 101st Airborne Division (Airmobile) General Orders 4414, dated 18 May 1971 awarded the applicant the Air Medal with “V” Device for
heroism while participating in aerial flight in Laos.

13.  There is no indication in the available records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his DA Form 20, item 38 shows that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

14.  There is no indication in the available records that show he was recommended for or awarded the Army Commendation Medal during the period 26 February 1969 to 1 October 1971.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 6, dated 1974.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 11, dated 1973.

17.  USARV Form 157-R, dated 24 September 1971, recommended the applicant for award of the Air Medal with 9 Oak Leaf Clusters (correctly known as the Air Medal with Numeral “10”).  There are no orders authorizing 10 awards of the Air Medal.

18.  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 the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 
22 July 1970 to 23 July 1970 by Department of the Army General Orders Number 50, dated 1971.

19.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel are authorized to wear the badge until relieved from these duties or fulfilled the mandatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

20.  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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award.

21.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

22.  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.

23.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

24.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

25.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

26.  Army Regulation 600-8-22 provides, in pertinent part, 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 
direct combat support to the Republic of Vietnam and Armed Forces. 

27.  Army Regulation 600-8-22 states, in pertinent part, that the Vietnam
Presidential Unit Citation has only been awarded to personnel assigned to the Military Assistance Advisory Group, Indochina, during August and September 1954.

CONCLUSIONS:

1.  Evidence of record shows the applicant served as a door gunner in Vietnam for less than 12 months.  Therefore, he is not entitled to correction of his records to show the award of the Aircraft Crew Member Badge.

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

3.  The applicant was awarded the Air Medal with “V” Device.  He was subsequently recommended for 10 additional awards of the Air Medal; however, there are no orders authorizing the applicant 10 awards of the Air Medal.  Regulations in effect at the time authorized awards of the Air Medal for sustained
operations as in this case.  The Board has determined that the award recommendation is sufficient as the basis for 10 awards of the Air Medal.  Therefore, the applicant is entitled to award of the Air Medal with Numeral “10” and he is authorized an additional award of the Air Medal with “V” Device.  Therefore, he is entitled to correction of his records to show the Air Medal with “V” Device and with Numeral “11”.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 26 February 1969 to 1 October 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal during the period 26 February 1969 to 1 October 1971.  Therefore, he is not entitled to correction of his records to show this award.

6.  Evidence of record shows that the Army Service Ribbon was not established until 10 April 1981, which was after the applicant’s discharge.  There is no evidence he performed qualifying service for award of the Army Service Ribbon.
Therefore, he is not entitled to this award.

7.  The applicant completed a period of qualifying service for award of the Vietnam Campaign Medal with 1960 Device; therefore, he is entitled to correction of his records to show this award.

8.  Evidence of record shows that the applicant did not perform a period of qualifying service for award of the Vietnam Presidential Unit Citation.  Therefore, he is not entitled to the Vietnam Presidential Unit Citation.

9.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these awards.

10.  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 Bronze Star Medal, the Air Medal with “V” Device and with Numeral “11”, the first award of the Good Conduct Medal for the period 26 February 1969 to 1 October 1971, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award.

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

BOARD VOTE:  

MKP____  GDP____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030583	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711001	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46		
2.  7		
3.  		
4.  		
5.  		
6.