MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 May 2002
	DOCKET NUMBER:   AR2001060423

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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:  That he be awarded the Distinguished Flying Cross (DFC) and that the “V” device be added to his Air Medal.

APPLICANT STATES:  That he was told on several occasions that he had been recommended for award of the DFC and unfortunately, he never received it.  However, the aircraft commander and other crewmembers received the DFC for the same mission.  He also states that he was awarded a “V” device for his Air Medal that it not reflected on his report of separation (DD Form 214).

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

He was initially inducted on 8 December 1960 and was honorably discharged on 1 March 1961 for the purpose of enlisting in the Regular Army.  On 2 March 1961, he enlisted in the Regular Army for a period of 3 years and training as an aircraft mechanic.  Upon completion of his training he was transferred to France, where he served for 28 months before being transferred to Fort Sam Houston, Texas.  He reenlisted on 2 March 1964 for a period of 3 years and was transferred to Vietnam on 25 June 1965, for duty as a helicopter repairman.  He remained in Vietnam until 2 August 1966 and was awarded the Air Medal with five oak leaf clusters, the Army Commendation Medal (ARCOM), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Aircraft Crewman Badge for his service in Vietnam.  There is no indication in his Official Military Personnel File (OMPF) of any recommendation for award of the DFC or award of the “V” device for any of his awards and decorations.

The applicant was honorably discharged on 20 January 1971 and again enlisted at Fort Ord, California on 26 May 1971.  He remained on active duty through a series of continuous reenlistments until he was honorably released from active duty in the pay grade of E-7, on 31 October 1981, and was placed on the Retired List, effective 1 November 1981.  He had served 20 years, 6 months and 27 days of total active service.

Army Regulation 672-5-1, in effect at the time, provided the criteria for awards and decorations.  It states, in pertinent part, that the DFC is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

That regulation also provides, in pertinent part, that the “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the Bronze Star Medal (BSM) to denote an award for heroism (valor).  However, on 29 February 1964, it was authorized for wear on the Air Medal and the ARCOM for heroic acts or valorous deeds not warranting of the DFC or the BSM with “V” device.

Title 10, U.S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  A separate DA Form 638, Recommendation for Award must be submitted.  The individual’s unit, the period of assignment, and the award being recommended must be clearly identified.  A narrative of the actions or period for which this recognition is requested must accompany the DA Form 638. 
Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor.  The request should be sent through the Member of Congress, to:  Commander, U.S. Total Army Personnel Command, ATTN: TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, Virginia  22332-0400.  

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 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.

2.  The applicant has failed to show through the evidence submitted with his application or the evidence of record, that he was recommended for or was awarded the DFC or the “V” device for an award of the Air Medal.  Accordingly, if the applicant cannot provide orders awarding him those awards, he may exhaust his administrative remedies by submitting a recommendation for award using the procedures outlined above.

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

___pm __  ___rvo __  ___jpi ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060423	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1046	107.0132/DFC	
2.		
3.		
4.		
5.		
6.