MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 May 2000                  
	DOCKET NUMBER:   AR1999032921

	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:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Mr. James M. Alward 		Member	
	Mr. Christopher J. Prosser 		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 military records to show award of the Air Medal.

APPLICANT STATES:  In effect, that he flew as a door gunner on a UH-1H for the 174th Assault Aviation Company, Americal Division, and was awarded the Air Medal.  He also contends that his DA Form 20 (Enlisted Qualification Record) shows entitlement to the Air Medal.  In support of his application, he submits a copy of his DA Form 20.

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

The applicant enlisted on 22 August 1969 for a period of 3 years and served in Vietnam from 10 June 1970 through 6 June 1971.  On 17 May 1972 the applicant was discharged with an under honorable conditions (general) discharge under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.  The Army Discharge Review Board upgraded his discharge to honorable on 9 August 1974.

The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Air Medal as an authorized award.

The applicant’s personnel records contain a copy of Headquarters 23d Infantry Division (Americal) Special Orders Number 28, dated 18 January 1971, which show the applicant was awarded primary military occupational specialty (MOS) 67A1F (door gunner) effective 21 January 1971.  His DA Form 20 also indicates that his duty MOS was 67A1F (door gunner).

Item 41 (Awards and Decorations) on the applicant’s DA Form 20 shows a handwritten pen and ink entry “Air Medal” but shows “AR [Army Regulation] 672-5-1” as the authority for award of the Air Medal to the applicant.  Army Regulation 672-5-1 is the number of the Army award regulation in effect at the time in question.  There are no General Orders for award of the Air Medal in the applicant’s personnel records.  There is no indication in the applicant’s records that he was on flight status as a crewmember or non-crewmember and there are no flight hours recorded in his records.   

Army Regulation 600-8-22 (Military Awards) 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.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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 personnel records show that he was awarded MOS 67A1F (door gunner) in January 1971.  His DA Form 20 indicates that his duty MOS was 67A1F (door gunner) and lists the Air Medal in item 41 (Awards and Decorations), but does not list the General Order which is the required authority for award of an Air Medal. 

2.  There is no evidence which shows the applicant actually performed door gunner duties.  There are no flight records or evidence of hours flown to support his contention that he served as a door gunner or was entitled to award of the Air Medal.  

3.  The Board also noted that, in accordance with the governing regulation, the only acceptable source documentation for the Air Medal is the order, letter, or memorandum which awards the decoration.  The applicant’s records do not contain an order, letter, or memorandum which awards the Air Medal.  Therefore, he is not entitled to award of the Air Medal. 

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 the aforementioned 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

RVO____  JMA____  CJP_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032921	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720517	
DISCHARGE AUTHORITY	AR 635-40   	
DISCHARGE REASON	Physical disability with severance pay	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.