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ARMY | BCMR | CY2002 | 2002072440C070403
Original file (2002072440C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002072440

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Stanley Kelley Member
Mr. John P. Infante 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 records to show award of the Air Medal.

APPLICANT STATES: That he should have received the Air Medal because he participated in multiple operations with his unit in aerial flights by helicopters to accomplish the mission objective. He contends that he met the criteria for the Air Medal and he feels that it was an oversight he was not awarded this medal.

In support of his application, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his DD Form 215 (Correction to DD Form 214) and his DA Form 20 (Enlisted Qualification Record).

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

The applicant was inducted in the Army on 23 August 1967. He successfully completed infantry training and served in Germany from 15 January 1968 through 29 March 1968. He also served in Vietnam from 30 March 1968 through 25 March 1969 and was honorably released from active duty on 28 March 1969.

The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Air Medal as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the basic Air Medal. There is no evidence that he was recommended for award of the Air Medal or that he met the qualifications for award of the Air Medal. His DA Form 20 does not list the Air Medal in item 41 (Awards and Decorations).

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.

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 considered the applicant's contention that he is entitled to award of the Air Medal based on his participation in multiple aerial flights. However, 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, there is no basis for granting him award of the Air Medal.

2. 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.

3. 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_____ SK______ JPI_____ DENY APPLICATION



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




INDEX

CASE ID AR2002072440
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020718
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0018
2.
3.
4.
5.
6.


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