MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             23 February 2000
	DOCKET NUMBER:    AR1999033557

	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.

	Ms. Joyce A. Wright		                        Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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, correction of his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) to 
show that he was awarded the Air Medal and the Bronze Star Medal.

APPLICANT STATES:  That the Air Medal and the Bronze Star Medal were issued to his company. 

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 12 May 1969 as a light weapons infantryman.  He served in Vietnam from 19 October 1969 to 13 March 1970 and was placed on the Temporary Disability Retired List (TDRL) on 15 June 1970.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Air Medal or the Bronze Star Medal as authorized awards. 
 
There are no flight hours recorded in the applicant’s personnel records.  There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal. 

There is no evidence in the applicant’s personnel records, which shows that the applicant was recommended for or awarded the Bronze Star Medal.

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.  

Army Regulation 600-8-22 provides in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or
service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  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 this award.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that the applicant was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to correction of his records to show this award.

3.  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.

4.  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____  EB______  RJW____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033557	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700615	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1  64.		
2.  60		
3.		
4.		
5.		
6.