MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 August 2002
         DOCKET NUMBER: AR2002069909

         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. Luther L. Santiful		Chairperson
Ms. Paula Mokulis		Member
Mr. Donald P. Hupman		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)

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APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 16 December 1966 to show award of the Legion of Merit, the Senior Parachutist Badge and the Senior Army Aviator Badge.

APPLICANT STATES: That these awards are missing from his DD Form 214. In support of his application, he submits page 4 of a DA Form 66 (Officer Qualification Record); orders, dated 2 October 1958, for the Senior Parachutist Badge; a DD Form 214 with an effective date of 16 December 1966; a DD Form 214 with an effective date of 23 June 1959; a DD Form 214 with an effective date of 19 September 1957; and a DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 27 June 1954.

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

The applicant was inducted on 13 May 1954 and honorably discharged on
27 June 1954 to enlist in the Regular Army. He enlisted in the Regular Army on 28 June 1954 for a period of 3 years, served as an infantry operations intelligence specialist and was honorably released on 19 September 1957. The applicant reenlisted on 16 December 1957 for a period of 6 years. He served as an infantry operations intelligence specialist and was honorably discharged on
23 June 1959 to accept a commission. The applicant was commissioned a second lieutenant and entered active duty on 24 June 1959. He served as an aviator in Vietnam from 7 December 1963 through 31 August 1964 and was released from active duty on 16 December 1966.

The applicant’s DD Form 214 with an effective date of 16 December 1966, which was authenticated in his own hand, does not show the Legion of Merit, the Senior Parachutist Badge or the Senior Army Aviator Badge as authorized awards.

Item 21 (Awards and Decorations) on the DA Form 66 (Officer Qualification Record) provided by the applicant shows an entry for the Legion of Merit authorized by U.S. Army Pacific General Orders Number 197, dated 26 October 1964. His service personnel records also contain a copy of this DA Form 66.

The applicant’s service personnel records contain another DA Form 66 which does not show entitlement to the Legion of Merit in item 21 (Awards and Decorations). There are no orders for the Legion of Merit in the available records.

101st Airborne Division and Fort Campbell Special Orders Number 237, dated
2 October 1958, show the applicant was awarded the Senior Parachutist Badge. This award is shown on his DD Form 214 with an effective date of 23 June 1959.


United States Army Aviation School Special Orders Number 120, dated
23 August 1961, show the applicant was awarded the Basic Army Aviator Badge effective 26 September 1961. Item 15 (Ratings, Specialties and Designations) on his DA Form 66 (Officer Qualification Record) shows entitlement to the Basic Army Aviator Badge. This badge is shown on the applicant’s DD Form 214 with an effective date of 16 December 1966.

There are no orders for the Senior Army Aviator Badge in the applicant’s service personnel records.

The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. His DD Form 214 with an effective date of 16 December 1966 does not show this award; however, it will be administratively corrected.

Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Army Aviator Badge. To receive award, U.S. personnel must have satisfactorily completed prescribed training and proficiency tests as outlined in Army Regulation 600-105, and must have been designated as an aviator in orders issued by authorized headquarters. There are three degrees of the aviator badges authorized for award: Basic, Senior and Master.

Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. The regulation in effect at the time states, in pertinent part, that item 26 (Decorations and Awards) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.
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 entry on the applicant’s DA Form 66 (Officer Qualification Record) which shows the Legion of Merit in item 21 (Awards and Decorations). However, the DA Form 66 is not an authority for an award.

2. In accordance with the governing regulation, awards made by the Secretary of the Army will be announced in general orders. There are no orders for the Legion of Merit in the applicant’s service personnel records. Therefore, in the absence of any orders for award of the Legion of Merit, the Board finds the entry on the DA Form 66 insufficient as a basis for award of the Legion of Merit in this case.

3. Evidence of record shows the applicant was awarded the Senior Parachutist Badge on 2 October 1958. Evidence of record also shows that this badge is properly shown on the applicant’s DD Form 214 with an effective date of 23 June 1959 in accordance with the governing regulation. Therefore, there is no basis for granting the applicant’s request to show this badge on his DD Form 214 with an effective date of 16 December 1966.

4. The Board considered the applicant’s contention that he is entitled to the Senior Army Aviator Badge. However, the evidence of record does not support this contention.

5. Evidence of record shows he was awarded the Basic Army Aviator Badge effective 26 September 1961. Evidence of record also shows that this badge is properly shown on the applicant’s DD Form 214 with an effective date of
16 December 1966. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Senior Army Aviator Badge. Therefore, the Board determined that there was insufficient evidence on which to base award of the Senior Army Aviator Badge in this case.

6. The Board noted that the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his discharge document. Therefore, the Army Review Boards Agency (ARBA), Support Division, St. Louis is directed to make an administrative correction to the applicant’s DD Form 214 with an effective date of 16 December 1966 to show this award.

7. 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.

8. 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.

NOTE: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 with an effective date of 16 December 1966 to show in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

LLS____ PM______ DPH_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002069909
SUFFIX
RECON
DATE BOARDED	20020806
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.