PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           1 June 2000                   
	DOCKET NUMBER:   AR1999034107

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Melvin H. Meyer		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, in effect, that he be awarded the Air Medal and all other awards to which he may be entitled for his service in Vietnam.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 15 December 1969.  Following Basic Combat Training (BCT) at Fort Jackson, South Carolina, he was sent to Fort Lee, Virginia, for Advanced Individual Training (AIT) in military occupational specialty (MOS) 76W, petroleum storage specialist.

4.  The applicant was transferred to Vietnam and served there from 18 December 1970 to 29 November 1971.  His first unit of assignment was Company C, 173rd Support Battalion, 173rd Airborne Brigade.  He served with this unit from 25 December 1970 to 19 August 1971 when he was transferred to C Troop, 7th Squadron, 17th Cavalry, where he served from 28 August 1971 to 29 November 1971.

5.  Special Orders Number 293, Headquarters, 17th Aviation Group, dated 20 October 1971, placed the applicant on flying status “to participate regularly and frequently in aerial flight as a crewmember.”

6.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It provides, in pertinent part, that the Air Medal is awarded in time of war for heroism or 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 are required.

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

8. Army Regulation 600-8-22 also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized service stars will be worn on the appropriate service medal.  It shows that the applicant served in Vietnam during the following campaign:  Vietnam Counteroffensive-Phase VII (1 July 1970--30 June 1971).
9.  Army Regulation 600-8-22 also authorizes award of the Good Conduct Medal 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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. 

11.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations, including the Presidential Unit Citation and Meritorious Unit Citation.  The organizations to which the applicant was assigned in Vietnam were awarded the Republic of Vietnam Civil Actions Honor Medal during the periods of his assignment.

12.  The applicant was honorably discharged on 6 December 1971.  His DD Form 214, Report of Transfer or Discharge, credits him with 1 year, 11 months, and 20 days of service with 2 days of lost time due to AWOL.  He is credited with the National Defense Service Medal, Vietnam Service Medal, and Expert Marskmanship Qualification Badge (M-16 Rifle).

CONCLUSIONS:

1.  Although the applicant was on flight status as an aircrew member from 12 September 1971 to 29 November 1971, there is no indication in the record, and the applicant has provided no proof, that he qualified for award of the Air Medal.

2.  The applicant did, however, qualify for award of the Good Conduct Medal, a Bronze Service Star on his Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Civil Actions Honor Medal.

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing that he was awarded the Good Conduct Medal, a Bronze Service Star for his Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Civil Actions Honor Medal.

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

BOARD VOTE:  

__jch___  ___rvo___  __mhm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __James C. Hise___
		        CHAIRPERSON

INDEX

CASE ID	AR1999034107	
SUFFIX		
RECON		
DATE BOARDED	20000601	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0018	
2.	107.0056	
3.	107.0088	
4.	107.0095	
5.		
6.