MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            22 July 1999      
	DOCKET NUMBER:   AR1999018158

	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:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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:  Correction of his military records to show award of the Air Combat Assault Ribbon (correctly known as the Air Medal).   

APPLICANT STATES:  That he made over 25 air assaults in combat operations in Vietnam and he was not given the Air Combat Assault Ribbon.  

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

The applicant’s military records show that he served in the Marine Corps from
20 April 1959 through 19 April 1963.  He enlisted in the Regular Army on 
20 September 1963 for a period of 3 years.  The applicant underwent advanced individual training (AIT) as a light weapons infantryman, military occupational specialty 111.10.  He reenlisted in October 1964, served in Vietnam from
21 October 1966 to 20 July 1967 and was honorably discharged on 3 January 1969.

The applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 3 January 1969, which was authenticated in his own hand, does not show the Air Medal as an authorized award.   
 
There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

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, formal recommendations, approval through the chain of command, and announcement in orders are required.

U.S Army Vietnam (USARV) 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 I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I 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.  The Board noted the applicant’s contention that he made over 25 air assaults in combat in Vietnam.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which supports this contention.          

2.  There is no evidence of record 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.

3.  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.

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____  TNK____  RJW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018158	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690103	
DISCHARGE AUTHORITY	AR 635-200 Chapter 6	
DISCHARGE REASON	Dependency	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.