MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          30 September 2003
		DOCKET NUMBER:  AR2003086562

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		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:  That his records be reviewed to determine if he is entitled to the award of the Bronze Star Medal or the Air Medal with “V” device for valorous service.

APPLICANT STATES:  That he believes he should have received the Bronze Star or the Air Medal with “V” device.  He submits a statement in his own behalf to support his request.

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

He enlisted in the Regular Army on 28 June 1965 for a period of 4 years.  Following completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to Vietnam.

General Orders Number 1640, Headquarters, 1st Aviation Brigade, dated 4 May 1967, awarded the applicant the Air Medal with 12 Oak Leaf Clusters for meritorious achievement while participating in aerial flight.  None of his awards of the Air Medal were for valor.

There is no record indicating that the applicant was ever awarded the Bronze Star Medal with or without “V” device.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) 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 or herself 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.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM).  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.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

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.  After a thorough review of the applicant’s records, the Board determined there is insufficient evedience indicating the applicant was ever awarded the Bronze Star Medal with or without “V” device.

3.  The evidence of record also indicates the applicant was awarded the Air Medal on twelve separate occasions; however none of them were with “V” device for valor.  The record indicates they were all for meritorious achievement while participating in aerial flight.

4.  The Board concluded that there is no evidence that the applicant was awarded either a Bronze Star Medal or Air Medal with “V” device for valor and the applicant did not provide any evidence to support his contention.

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

__rjw___  __mhm___  __mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086562	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.