MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2001                   
	DOCKET NUMBER:   AR2000045876

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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, that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to show the awards of the Air Medal (AM) and the Bronze Star Medal (BSM).

APPLICANT STATES:  In effect, that he was awarded the AM and the BSM, however they were not entered on his DD Form 214.  He was unaware that his records could be corrected.

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

On 9 October 1967, the applicant enlisted in the Army for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67N20 (Helicopter Repairman).  The highest pay grade he achieved was pay grade E-4.

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam as an UH-1 helicopter mechanic from May 1968 to March 1969.  His DA Form 20 also shows that in June 1969, he was assigned to Company K, 4th Aircraft Maintenance Battalion, Aircraft Maintenance Brigade, Hunter Army Airfield, GA.

On 26 June 1969, the applicant accepted nonjudicial punishment, under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 10 to 31 May 1969.  His imposed punishment was a reduction to pay grade E-2, restriction for 21 days and a forfeiture of $56.00 pay per month for 2 months.

On 6 February 1970, the applicant was convicted of a special court-martial of being AWOL from 30 December 1969 to 12 January 1970.  He was sentenced to a forfeiture of $109.00 pay per month for 6 months (forfeiture suspended for 6 months), restriction for 60 days, hard labor for 60 days and a reduction to pay grade E1.

On 13 November 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed 2 years, 11 months and 29 days of creditable active service with 38 days of time lost.  His DD Form 214, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/device (1960), the Army Commendation Medal, the Republic of Vietnam Gallantry Cross w/palm, the Sharpshooter Badge (Rifle M-16) and the Expert Badge (M-14).  The DD Form 214 does not show the awards of the Air Medal or the Bronze Star Medal nor does his service personnel records show that he was recommended for the awards.

Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, distinguished himself by meritorious achievement while participating in aerial flight.  The awards may be made to recognize a single act of merit or heroism or for meritorious service during a period of conflict.

Army Regulation 600-22-8 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

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 or 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.

2.  There is no evidence in his records, nor has the applicant provided any evidence to support the awards of the AM and the BSM.  The Board cannot authorize correction to official military records without supporting documentation. However, if the applicant can provide evidence that he received the awards of the AM and the BSM such as, copies of orders, citations and copies awarding certificates he can apply for reconsideration.

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

__rvo___  __wtm___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045786	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0017	
3.		
4.		
5.		
6.