MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 April 2003      
	DOCKET NUMBER:   AR2002079398

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Thomas E. O'Shaughnessy		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:  Award of the Air Medal and the "Vietnam Wound Medal."

Army Regulation 600-8-22 (Military Awards) does not show the "Vietnam Wound Medal" as an authorized award.  Therefore, this portion of the applicant's request will not be discussed further in this Memorandum of Consideration.  

The Board notes that the applicant's service personnel records show that he received the Purple Heart for wounds sustained in action on 12 May 1970 in Vietnam.  

APPLICANT STATES:  That in 1970 he served as a platoon sergeant with Bravo Company, 4th Battalion, 3rd Infantry Regiment of the Americal Division in Vietnam.  He contends that during this time he made between 15 and 20 combat air assaults.   

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

The applicant was inducted on 15 April 1969.  He served as a light weapons infantryman in Vietnam from 17 March 1970 through 20 September 1970 and was honorably released from active duty on 13 January 1971.

The applicant's DD Form 214, which was authenticated in his own hand, does not show the Air Medal as an authorized award.

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

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 between 15 and 20 combat air assaults in Vietnam in 1970.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention. 

2.  There is no evidence of record available to the Board which shows the applicant was recommended for, awarded, or otherwise qualified for award of the Air Medal.  Therefore, the Board determined that there is insufficient evidence on which to base an award of the Air Medal in this case.

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 this 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

AAO____  TBR_____  TEO____  DENY APPLICATION

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

INDEX

CASE ID	AR2002079398	
SUFFIX		
RECON		
DATE BOARDED	20030401	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.		
3.		
4.		
5.		
6.