MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  19 August 1999
	DOCKET NUMBER:  AR1998013927

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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, correction of his records to show award of the Purple Heart, the Air Medal and Air Medal numerals for additional flights.

APPLICANT STATES:  In effect, that he is entitled to the Purple Heart due to wounds that he received on his fourth day in the Republic of Vietnam (RVN).  He is also entitled to the Air Medal due to the fact that he flew numerous combat missions as a door gunner.

COUNSEL STATES:  The applicant's counsel made no additional comments.

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

That he was inducted into the Army of the United States on 7 March 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 67W (Utility Helicopter Repairman).  He served in the RVN from 14 September 
1966-15 September 1967.  He was honorably discharged on 6 March 1968.

Evidence of record shows the applicant was authorized award of the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, and the RVN Gallantry Cross with Palm Unit Citation Badge.  

The applicant's DD Form 214 and other records do not show the Purple Heart as an authorized award nor that he received any wounds while in the RVN. 

The applicant's DA Form 20 (Enlisted Qualification Record) shows that he worked as a helicopter repairman while assigned in the RVN.  No record of flying combat or other aerial missions are in his records.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Sustaining 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 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.  Numerals are awarded, for repeated aerial missions.  As with all personal decorations, formal recommendations, after approval through the chain of command, and announcement in orders.

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.  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.

2.  There is no evidence of record which shows that the applicant was treated for wounds or an injury received in action against a hostile force.  Therefore, no basis for the award of the Purple Heart has been established.

3.  Additionally, there is no evidence available that shows the applicant performed aerial duties against enemy forces while in the RVN.  Accordingly, he is not entitled to the award of the Air Medal or numerals.  

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

CMF____  CLA____  MHM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013927	
SUFFIX		
RECON		
DATE BOARDED	19990819	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680306	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	Expiration Term of Service 	
BOARD DECISION	(NC)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	A92.03	
2.		
3.		
4.		
5.		
6.