MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           17 June 1999      
	DOCKET NUMBER:   AR1999015268

	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. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, 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:  Award of the Air Medal.

APPLICANT STATES:  That he did not receive the “Air Combat Medal” from Vietnam.  

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

The applicant was inducted on 27 June 1968 and served as a light weapons infantryman in Vietnam from 11 December 1968 through 10 December 1969.
He was discharged under other than honorable conditions on 17 June 1969 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  On 30 May 1979, the Army Discharge Review Board, voted 3-to-2 to upgrade the applicant’s discharge to general.     

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Air Medal as an authorized award.

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 Air 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 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, awarded, or otherwise qualified for award of the Air Medal.  Therefore, he is not entitled to this award.

2.  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.

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

JLP____  TAP______  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015268	
SUFFIX		
RECON		
DATE BOARDED	19990617	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19690617	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 10	
DISCHARGE REASON	IN LIEU OF TRIAL BY COURT-MARTIAL	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.