MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 October 1998                   
	DOCKET NUMBER:   AC98-10408

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Bronze Star Medal and the Air Medal.

APPLICANT STATES:  That, in effect, he was recommended for the Bronze Star Medal and the Air Medal for his actions during a firefight in Vietnam in October 1967.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 3 January 1967 and served as a light weapons infantryman in Vietnam from 26 May 1967 through 22 May 1968.  He was separated for immediate reenlistment with an honorable discharge on 7 October 1968.

The applicant’s DD Form 214 (Report of Transfer or Discharge) with a separation date of 7 October 1968, which was authenticated in his own hand, does not show the Bronze Star Medal or the Air Medal as authorized awards.

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, does not show the Bronze Star Medal or the Air Medal.

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal.

There is no evidence of record that shows the applicant met the qualifications for or was recommended for award of the Air Medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the Bronze Star Medal.  Therefore, he is not entitled to this award.    

2.  The applicant is not entitled to the Air Medal because there is no evidence of record that he was recommended for, awarded, or otherwise qualified for this decoration.

3.  In order to justify applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JHL_____  CWB____  RVO____  DENY APPLICATION

						Loren G. Harrell
						Director