MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 November 1998
	DOCKET NUMBER:   AC98-10611

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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:  Award of the Distinguished Flying Cross.

APPLICANT STATES:  That he was submitted for three Distinguished Flying Cross Medals during his tour in Vietnam and did not receive any of them.  He submits a copy of an evaluation report given during Vietnam wherein the rater states that the applicant was recommended for the Distinguished Flying Cross for heroism.

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

That he was a Warrant Officer helicopter pilot from 1 August 1967 to 
14 February 1970 and served in Vietnam from 30 August 1967 to 19 August 1968.  During this period of service, he was awarded the National Defense Service Medal, Army Aviator Badge, Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Vietnam Campaign Medal, Bonze Star Medal, Purple Heart, Army Commendation Medal for Valor, Air Medal for Valor, Air Medal with 24 Oak Leaf Clusters, Vietnam Gallantry Cross with Palm (foreign award), 2 Overseas Service Bars, and the Presidential Unit Citation.

The rating officer on a change of rater evaluation report for the applicant for the period 2 November 1967 to 8 February 1968, states that he had recommended the applicant for the Distinguished Flying Cross for heroism, the Air Medal with “V” device, and the Purple Heart.  The records show that for this rating period the applicant was awarded the Air Medal with “V” device 1st Oak Leaf Cluster for heroism on 19 December 1967; the Purple Heart for injuries on 18 December 1967; and the Army Commendation Medal for Heroism (“V” device) on
8 February 1968.  He also received the Bronze Star Medal for the period September 1967 to August 1968.  The applicant’s other evaluation reports rendered during his tour in Vietnam do not mention any awards.

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 record of award or award orders for the Distinguished Flying Cross in the applicant’s records.  A statement by the rater that the applicant was recommended for the Distinguished Flying Cross is not sufficient justification to award this medal.  Award recommendations must pass through the chain of command to the award approving official.  Anyone in this chain may recommend down grade or upgrade of the recommended award.  The award approving official may approve a different level of award than the award recommended.  This appears to be the case as the applicant was awarded an Army Commendation Medal for heroism by 24 June 1968 orders for heroic actions on 8 February 1968 which was during the rating period where the rater stated that he had recommended the applicant for the Distinguished Flying Cross.  There is no record of any other recommendations or awards of any other Distinguished Flying Cross to the applicant.

2.  The record does not contain any evidence nor has the applicant submitted any evidence to prove his contention of error or injustice.  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.

(NOTE:  The US Army Review Board Agency, Support Division, St. Louis is directed to accomplish the following administrative actions:

1.  Issue to the applicant the following medals he states he did not receive when awarded:  Bronze Star Medal, Air Medal with “V” device 1st Oak Leaf Cluster, Army Commendation Medal with “V” device, Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, and the Vietnam Campaign Medal.

2.  Issue a DD Form 215 to the DD Form 214 for the period 1 August 1967 to 
14 February 1970 to:

a.  correct the decoration and medals to change the “Air Medal 
awarded for Valor” to read “Air Medal for Valor 1st Oak Leaf Cluster”; 

b.  correct the decoration and medals to change the “Vietnam
Service Medal” to read “Vietnam Service Medal with 4 bronze service stars”; and

c.  add the decorations Presidential Unit Citation, and the Republic 
of Vietnam Gallantry Cross with Palm.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JEV_____  LLS ____  TNK_____  DENY APPLICATION

                                                                 Paul A. Petty

						Loren G. Harrell
						Director