MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 April 2001                  
	DOCKET NUMBER:   AR2000051077

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and the Purple Heart.  He also requests correction of his records to show all the schools he has attended, specifically the Weapons School in Panama and the Counterinsurgency School.

APPLICANT STATES:  In effect, that none of the schools he attended are shown on his DD Form 214.  He states that he served in the only Air Assault (Air Mobile) unit in Vietnam and that Air Medals were given out when a soldier had enough air time or air assaults.  He contends that he participated in the correct amount of air assaults for award of the Air Medal.  He also contends that he was wounded when a booby trapped trip flare exploded and somehow this incident was written incorrectly when he was in the Aid Station.  He further claims that he spent about 3 weeks in the 2nd Surgical Hospital and that he was in a hostile area for almost a month where many soldiers were hitting trip wires on booby traps.  In support of his application, he submits an official statement from the U.S. Army Reserve Personnel Center, a copy of his DD Form 214 and two DD Forms 215 (Correction to DD Form 214).

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

The applicant enlisted in the Army on 30 September 1963 for a term of 3 years.  He completed basic and advanced individual training and served as an infantryman in Vietnam from 29 July 1965 through 17 June 1966.  The applicant was honorably released from active duty on 18 June 1966.

The applicant’s DD Form 214, which is authenticated in his own hand at the time of his separation from the Service, does not show the Air Medal or the Purple Heart as authorized awards.

There are no flight hours recorded in the applicant’s personnel records.  There is also no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

The applicant’s DD Form 214 shows the entry “NONE” in item 27 (Wounds Received as a Result of Action with Enemy Forces).

There is no evidence in the applicant’s records which show he was awarded the Purple Heart or treated for wounds due to hostile action.  The applicant’s report of medical examination for separation does not indicate any defects of the skin or scars consistent with wounds sustained in combat.

The applicant’s DD Form 214 does not show he completed any service schools.  There is no evidence available to the Board which shows the applicant completed training at the Weapons School in Panama or that he completed training at the Counterinsurgency School.

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.

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.  

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.

Army Regulation 635-5, in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it stated that item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) will list formal in service training courses successfully completed during the period of service covered.  This information was to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

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 the correct amount of air assaults for award of the Air Medal.  However, 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 award of the Air Medal or correction of his DD Form 214 to show this award.

2.  The Board also noted the applicant’s contention that he was wounded when a booby trapped trip flare exploded and that he spent three weeks in the 2nd Surgical Hospital.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

3.  There is no evidence available to the Board which shows the applicant completed training at the Weapons School or the Counterinsurgency School; therefore, he is not entitled to correction of his DD Form 214 to show he completed training at these schools.

4.  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.

5.  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

JHK_____  MHM____  MVT____  DENY APPLICATION

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

INDEX

CASE ID	AR2000051077	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	100.0000	
3.		
4.		
5.		
6.