PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 April 2003                   
	DOCKET NUMBER:   AR2002077466

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded military occupational specialty (MOS) 67A1F (General Aircraft Repairer) He also requests that he be awarded the Air Medal (AM).

3.  The applicant states he served two tours in Vietnam.  He was awarded MOS 67A1F in 1970 during his first tour after performing the duties of a door gunner on a UH-1 helicopter in combat after the initial door gunner was shot.  In support of his application, he submits SF Form 600 (Chronological Record of Medical Care) covering the period from 27 June 1970 to 20 July 1970.

4.  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein is limited and was obtained from alternate sources.

5.  The available evidence indicates that the applicant served in the Regular Army from 14 August 1969 until he was honorably separated on 26 May 1971 for the purpose of immediate reenlistment.  His DD Form 214 shows:  that he held MOS 36K20 (Field Switchboard Operator/Wireman); that he served in Vietnam from 15 June 1970 to 30 November 1970; and that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal with 1960 Device.

6.  All entries on the SF Form 600 provided by the applicant were made at the Aviation Dispensary, 93rd Medical Detachment, in Vietnam.  On 29 June 1970, the applicant received, and passed, a "Door Gunner's Physical."  Although he was found to be "DG (door gunner) qualified," the physician added that "I have some reservations because of N-P (neuro-psychiatric) hx (history) -- will follow closely."

7.  On 10 July 1970, the applicant was seen at the Aviation Dispensary because he "passed out [for a few minutes] while flying yesterday."  On 17 July 1970, the applicant was again seen at the dispensary after complaining of dizziness.  The last entry on the SF 600 is dated 20 July 1970 and states "Pt (patient) to see M.D.  Back again.  'Can't take it anymore.  Wants to see psychiatrist re:  212 (Army Regulation 635-212 separation for unfitness/unsuitability) discharge."

8.  There is no evidence available to indicate the applicant was ever awarded MOS 67A1F with a special qualification identifier (SQI) of "F" to indicate he was in flying status, nor is there any evidence available to indicate that he ever served in this MOS.

9.  Item 30 (Remarks) of the applicant's DD Form 214 shows that he served in Vietnam from 15 June 1970-30 November 1970.  Therefore, his campaigns include the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.

10.  On 6 August 1984, the Reserve Components Personnel & Administration Center (RCPAC), St. Louis, Missouri issued the applicant the medals listed on his DD Form 214, as well as the Good Conduct Medal (GCMDL) and two bronze service stars (BSS's) to be worn on the VSM.  The applicant's record does not contain a DD Form 215 (Correction to DD Form 214) to show award of the GCMDL and the BSS's.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the AM 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 are required.  

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

CONCLUSIONS:

1.  The applicant may have received a "door gunner's physical;" however, this does not prove that he performed the duties of a door gunner while serving in combat for the requisite number of flight hours required to award the AM.

2.  Award of the AM requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant has not presented any definitive evidence, and the available record does not contain any evidence, to show that he was ever recommended and approved for award of the AM, or that orders were ever issued awarding the medal.  

3.  There is also no evidence available to support the applicant's contention that he was awarded MOS 67A1F.

4.  The available evidence supports that the applicant served honorably and was awarded the GCMDL by RCPAC.  Therefore, he is entitled to have his DD Form 214 changed to show award of the GCMDL for his period of honorable service from 14 August 1969-26 May 1971.

5.  The RCPAC also authorized the applicant two BSS's for his VSM.  Therefore, he is entitled to have his DD Form 214 changed to show award of two BSS's for wear on his VSM.

6.  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 and that the individual concerned be provided a DD Form 215 to show award of the GCMDL and two BSS's for his VSM.

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

BOARD VOTE:  

__rjw___  __bje___  __lmb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077466	
SUFFIX		
RECON		
DATE BOARDED	20030408	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0056	
3.		
4.		
5.		
6.