PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           18 APRIL 2002                   
	DOCKET NUMBER:   AR2001065825

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 award of the Air Medal. 

3.  The applicant states that the award was omitted from his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Army for three years on 19 December 1969, trained as an infantryman, and served in Vietnam where he reenlisted for three years on 10 February 1971.  He served in Vietnam for two years and attained the rank of sergeant.  He was discharged at Fort Meade, Maryland in 1973.

5.  The applicant’s DD Form 214 of 9 February 1971 shows that he served           7 months and 22 days in Vietnam and that he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, the Combat Infantryman Badge and the Army Commendation Medal with “V” device. His DD Form 214 of 30 March 1973 shows an additional 1 year, 4 months, and    9 days of service in Vietnam, and in addition to the above awards, an award of the Army Commendation Medal and the Bronze Star Medal.  Neither                  DD Form 214 shows award of the Air Medal.  

6.  Orders contained in the applicant’s records show that he received the following awards and badges:  Sharpshooter Qualification Badge with pistol bar and Marksman Qualification Badge with rifle and mortar bars, all awarded while he was assigned to Fort Jackson, South Carolina; the Combat Infantryman Badge effective 31 July 1970, awarded on 17 August 1970; the Army Commendation Medal with “V” device for action on 5 November 1970, awarded on 17 November 1970; the Army Commendation Medal for meritorious service for the period 18 June 1970 to 18 March 1971, awarded on 6 March 1971; the Army Commendation Medal for meritorious achievement, awarded on               24 October 1971; the Bronze Star Medal with “V” device for action on                18 November 1971 awarded on 24 December 1971;and the Army Commendation Medal for meritorious service for the period December 1971 to June 1972, awarded on 10 June 1972.  Some of these awards, but not all, are reflected on either his 9 February 1971 or his 30 March 1973 DD Form 214.  

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant served in Vietnam from June 1970 to June 1972.  The applicant participated in five campaigns during his tour in Vietnam, and the unit to which he was assigned was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for its actions while he was assigned to that unit.  None of those awards are shown on his DD Form 214.  He returned to the United States and was assigned to Fort Knox, Kentucky.  The applicant began a series of AWOLs, culminating in his request for discharge for the good of the service in lieu of trial by court-martial.  His request was approved and he was discharged on 30 March 1973.  
8.  The applicant’s records do not contain an order or document showing award of the Air Medal or a recommendation for that award.    

9.  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.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

CONCLUSIONS:

1.  There is no evidence, nor has the applicant submitted any, to show that he is entitled to award of the Air Medal.   

2.  Orders show that the applicant was awarded the Sharpshooter Qualification Badge with pistol bar, the Marksman Qualification Badge with rifle and mortar bars; the Combat Infantryman Badge, the Bronze Star Medal with “V” device, the Army Commendation Medal with “V” device, and three other awards of the Army Commendation Medal.  Additionally, he was awarded the National Defense Service Medal and the Vietnam Campaign Medal.  All these awards should be reflected on his DD Form 214.

3.  The applicant participated in five campaigns during his two year tour in Vietnam.  He should be awarded the Vietnam Service Medal with 1 silver service star denoting participation in five campaigns.  He is entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.  All these awards should be reflected on his DD Form 214.

4.  In the interest of clarity all his awards should be reflected on his 30 March 1973 DD Form 214.

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 of 30 March 1973 show that the applicant was awarded the Sharpshooter Qualification Badge with pistol bar, the Marksman Qualification Badge with rifle and mortar bars; the Combat Infantryman Badge, the Bronze Star Medal with “V” device, the Army Commendation Medal with “V” device, three other awards of the Army Commendation Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal with 1 silver service star, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__FNE __  __BJE __  __REB   _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065825	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020418	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.