MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 September 2000  
	DOCKET NUMBER:   AR2000040597

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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:  Promotion to pay grade E-8 (master sergeant); and correction of his military records to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal (First Oak Leaf Cluster)), “Flight Wings” (correctly known as the Basic Aviation Badge) and the Purple Heart.  

APPLICANT STATES:  In effect, that he was told by Department of the Army (DA) officials that he was not considered for promotion to E-8 while he was an
E-7 because of a bar to reenlistment.  He contends that he informed the DA that the bar to reenlistment was removed by the Qualitative Management Promotion Board.  He goes on to state that the DA apologized and sent his files to an E-8 Selection Board.  He retired on 1 May 1977 and was later advised that the E-8 Selection Board did not select him for promotion.  He states that his treatment was unjust and unfair and that if the DA had considered him in 1975/1976 he may have been selected.  He also contends that he was awarded two Bronze Star Medals during his second tour in Vietnam, that he was assigned duties as a “helicopter backseat” drawing flight pay and he sustained a back injury during a helicopter crash.  In support of his application, he submits a letter of explanation dated 19 March 2000.      

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

The applicant’s military records show he completed over 22 years of active duty on 30 April 1977 when he retired in the rank of sergeant first class (E-7).

Item 6a (Grade, Rate or Rank) on the applicant’s DD Form 214 (Report of Separation from Active Duty) shows “SFC” [sergeant first class] and item
6b (Pay Grade) shows “E-7”.  The DD Form 214 does not show the Bronze Star Medal (First Oak Leaf Cluster), the Basic Aviation Badge or the Purple Heart as authorized awards.  The DD Form 214 does show one award of the Bronze Star Medal as an authorized award.

Item 33 (Appointments and Reductions) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was promoted to E-7 on 24 February 1970.

The applicant’s military records contain a letter from the Office of the Inspector General and Auditor General, dated 21 April 1976, which states “A review of the results of the selection board proceedings indicate you were not selected for promotion from the secondary zone of consideration and were not identified for denial of reenlistment during the board’s qualitative management review.”

The applicant’s military records contain a letter from the U.S. Army Military Personnel Center, Promotions Branch, dated 20 June 1977, which states that the applicant was considered for promotion to E-8 by the Department of the Army Standby Enlisted Advisory Board which adjourned on 13 May 1977.  He was not recommended for promotion under the criteria of the DA Promotion Selection Board which adjourned on 15 November 1976.   

There is no evidence in the applicant’s military records which shows he was  promoted to E-8.

There is no evidence in the applicant’s military records which shows he was  awarded a second award of the Bronze Star Medal.

The applicant’s military records show he served in military occupational specialty 71N (movements specialist) during his second tour in Vietnam from 16 April 1971 through 14 March 1972.  There is no evidence that he was awarded the Basic Aviation Badge or met the qualifications for award of the Basic Aviation Badge.   

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
   
MILPER MESSAGE NUMBER 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior and Master Aviation Badges retroactively to 1 January 1947.  The Basic Aviation Badge may be permanently awarded based on several different criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 or be granted a waiver by the U.S. Total Army Personnel Command (PERSCOM); be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained.

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.  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.

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 applicant’s contentions regarding his promotion to pay grade E-8 were noted by the Board.  However, evidence of record shows the applicant was nonselect for promotion to pay grade E-8 on two occasions by the E-8 Selection Board, in 1976 and 1977.  Therefore, the Board determined that in the absence of any evidence of error or injustice there is no basis to approve the applicant’s request for promotion to pay grade E-8.

2.  Although the applicant contends that he received two awards of the Bronze Star Medal during his second tour in Vietnam, there is no evidence of record to support this contention.  Evidence of record shows the applicant received one award of the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show the Bronze Star Medal (First Oak Leaf Cluster).

3.  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 met the qualifications for the Basic Aviation Badge.  Therefore, he is not entitled to correction of his military records to show this badge.

4.  The Board noted the applicant’s contention that he is entitled to award of the Purple Heart because he sustained a back injury during a helicopter crash in Vietnam.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to award of the Purple Heart.

5.  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 this requirement.

6.  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

CLA____  WTM____  TBR_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040597	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19770430	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON	Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.	107.0014	
3.	107.0118	
4.	107.0015	
5.		
6.