MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

	BOARD DATE:           18 November 1998
	DOCKET NUMBER:   AC98-10770

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. June Hajjar 		Member	
	Mr. Thomas D. Howard		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:  That his records be corrected to show his entitlement to award of the Purple Heart and the Air Medal.

APPLICANT STATES:  That he was wounded in Quang Nai at the MACV compound and that he should have received the Purple Heart.  He flew several missions and was informed by the pilot he had enough flying time to qualify for award of the Air Medal.

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

The applicant reenlisted on 7 March 1974, after serving 15 years, 6 months and 23 days of prior active service.  He served in Vietnam from 25 April 1969 to        6 April 1970.  He was honorably separated on 30 June 1979 and placed on the retired list the following day.

The applicant’s DD Form 214 (Report of Separation from Active Duty) does not show the Purple Heart or the Air Medal as authorized awards.

There is no evidence of record which shows the applicant was awarded the Purple Heart.  There is no medical evidence the applicant was wounded or treated for wounds resulting from hostile action.

There is no evidence or indication the applicant was awarded the Air Medal.  There are no flight records in his personnel file or evidence that he qualified for the Air Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that he Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 (Military Awards) 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, format recommendation, approval through the chain of command, and announcement in orders are required.

U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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 1 missions (air assault and equally dangerous 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. 

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 shows that the applicant was qualified for the Purple Heart or the Air Medal.

2.  In order to justify correction of a military record, the 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.

3.  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

JEV_____  JH______  TDH____  DENY APPLICATION

						Loren G. Harrell
						      Director