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ARMY | BCMR | CY2001 | 2001059160C070421
Original file (2001059160C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001059160

         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. Vic Whitney Analyst


The following members, a quorum, were present:

Ms. Deborah S. Jacobs Chairperson
Mr. Donald P. Hupman Member
Mr. Elzey J. Arledge 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, that he be awarded the Air Medal and the Aircraft Crewmember Badge.

APPLICANT STATES: That he was trained as a door gunner in Vietnam and completed over 25 missions.

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

He enlisted and entered active duty on 22 May 1967. He completed training in postal operations and was assigned as a postal clerk at Fort Sill, Oklahoma. On 30 January 1968, he was reassigned to Vietnam effective 13 March 1968. The unit of assignment is shown as the 38th Base Post Office (BPO).

Promotion orders in the available record show that he was promoted to the pay grade of E-4 in the Military Occupational Specialty (MOS) of 71F (postal clerk) by the 38th BPO on 13 June 1968. On 20 February 1969, he was reassigned to Germany effective 17 March 1969. His unit of assignment is shown as the 38th BPO and his MOS as 71F.

Also in the available record is a citation for his award of the Army Commendation Medal for meritorious service. The citation covers the period March 1968 to March 1969, and was for his duties as assistant postal clerk, 38th BPO. The applicant’s DA Form 20 (Qualification Record) shows all of his assigned duties as postal clerk or window clerk with a postal operations MOS. None of the available records indicate that he was ever trained as or served as a door gunner, or that he was ever assigned or attached to an aviation unit.

Effective 12 May 1970, the applicant was separated from active duty and assigned to the Army Reserve. His MOS title and number are shown as postal operations, 71F.

Army Regulation 672-5-1, in effect at the time, provided, in pertinent part, that the Air Medal was 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 was required. Recommendations must have been made within 2 years of the event or period of service and the award must have been made within 3 years. There were regulatory provisions for lost recommendations but not for late recommendations or reconsideration.






The regulation also provided, in pertinent part, that the Aircraft Crewmember Badge may be awarded by any commander of a unit with aircraft assigned to individuals in a flying status as crewmembers and to non-crewmembers who held principal assignments as observers, medical aidmen, gunners, maintenance supervisors or technical inspectors.

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, and none provided by the applicant, to support his contention that he was trained as a door gunner in Vietnam or that he performed the duties of a door gunner at any time he was assigned to Vietnam.

2. The applicant’s available records clearly show that he was trained in postal operations and was assigned those duties in postal units throughout his career. Given all the facts in this case the applicant is not entitled to awards of the Air Medal or the Aircraft Crewmember Badge.

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

___dj___ __dh____ ___ea___ DENY APPLICATION




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



INDEX

CASE ID AR2001059160
SUFFIX
RECON
DATE BOARDED 20011106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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