Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080751C070215
Original file (2002080751C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002080751

         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern Member
Mr. Thomas E. O'Shaughnessy, Jr. 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 and to show marksmanship qualification badges for the M-14 Rifle, the M-16 Rifle and the M-60 Machinegun.

APPLICANT STATES: That, during basic training, he was trained to use the
M-14 Rifle and the M-16 Rifle and he qualified not lower than "Sharpshooter" with these weapons. The applicant also stated that, during Advanced Individual Training, he was trained on the M-60 Machinegun and qualified "Expert" with this weapon. In support of his application, he provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his DA Form 20 (Enlisted Qualification Record), and a copy of orders discharging him from the U.S. Army Reserve effective 1 March 1973.

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

The applicant entered active duty on 14 March 1967. He completed training as a light weapons infantryman and served in Vietnam from 3 December 1967 through 29 November 1968. The applicant was honorably separated from active duty on temporary records on 13 March 1970.

Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Air Medal or marksmanship qualification badges for the
M-14 Rifle, the M-16 Rifle and the M-60 Machinegun.

The applicant’s service personnel records do not contain a recommendation or orders for award of the Air Medal. Item 41 (Awards and Decorations) of his DA Form 20 contains the entry, “Air Medal” but shows the entry, “unk” [unknown] under the column for the award authority.

The applicant’s records do not contain orders awarding him marksmanship qualification badges for the M-14 Rifle, the M-16 Rifle and the M-60 Machinegun. His DA Form 20 does not show an entry in item 29 (Qualification In Arms) or in item 41 indicating marksmanship qualification or award of a marksmanship badge.

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 and that nothing created an entitlement to the award.

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

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 the applicant was recommended for or was awarded the Air Medal. There also are no flight records showing that the applicant completed the flight hours or missions required for award of the Air Medal. In the absence of evidence which shows that the applicant met the qualifications and was recommended for award of the Air Medal, there is insufficient basis for correction of the applicant’s records to show that he was awarded the Air Medal.

2. There are no orders showing the applicant completed weapons’ qualification and/or was awarded marksmanship qualification badges for the M-14 Rifle, the M-16 Rifle and the M-60 Machinegun. The Board does not doubt that the applicant qualified on a military weapon during Basic Combat Training. However, in the absence of orders specifying the level of qualification and/or the marksmanship qualification badge awarded to the applicant, there is insufficient basis for correction of the applicant’s records to show that he was awarded the marksmanship qualification badges which he has requested.

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

__TEO__ __TBR___ __AAO__ DENY APPLICATION



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




INDEX

CASE ID AR2002080751
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030401
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. 107.0000.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090008723

    Original file (20090008723.txt) Auto-classification: Approved

    His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Combat Infantryman Badge, Parachutist Badge, Air Medal, Army Commendation Medal, Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, Aircraft Crewman's Badge, and three overseas service bars. Concerning his service with the 173rd Airborne Brigade, that service is shown in the applicant's...

  • ARMY | BCMR | CY2008 | 20080019059

    Original file (20080019059.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Army Commendation Medal, Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and Combat Infantryman Badge. The applicant’s records do not contain orders awarding him the Air Medal. As a result,...

  • ARMY | BCMR | CY2006 | 20060008114

    Original file (20060008114.txt) Auto-classification: Approved

    The applicant states that he is trying to correct his military records. United States Army Vietnam Forms 131 (Awards and Decoration Qualification Records) show that he completed 1507 missions as a door gunner and was certified for award of the Air Medal with twelve oak leaf clusters (thirteen awards). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his...

  • ARMY | BCMR | CY2014 | 20140011658

    Original file (20140011658.txt) Auto-classification: Approved

    U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or...

  • ARMY | BCMR | CY2012 | 20120007400

    Original file (20120007400.txt) Auto-classification: Approved

    The applicant requests the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Pistol Bar (M-1911) which is a .45 caliber pistol), 22 awards of the Air Medal, and "Republic of South Vietnam Gallantry Medal with "V" Device" (correctly known as the Gallantry Cross with Bronze Star) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1968. Although wear of multiple awards of this unit...

  • ARMY | BCMR | CY2012 | 20120020156

    Original file (20120020156.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the following: * Purple Heart (PH) (2nd Award) * gold star on Parachute Wings for jumps under fire (properly known as the bronze service star to be worn on the Parachutist Badge to denote a combat parachute jump) * senior Parachute Wings (properly known as Senior Parachutist Badge) * Air Medal (AM) * Armed Forces Expeditionary Medal...

  • ARMY | BCMR | CY2013 | 20130010283

    Original file (20130010283.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. replacing the entry in item 9 of his DD Form 214 with "28 Nov 46"; b. deleting the VSM from item 24 of his DD Form 214; c. adding the following awards to item 24 of his DD Form 214: * VSM with three bronze service...

  • ARMY | BCMR | CY2009 | 20090021185

    Original file (20090021185.txt) Auto-classification: Approved

    The applicant requests that his records be corrected to reflect awards of the Good Conduct Medal (GCMDL), the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM) with three bronze service stars (3BSS), the Sharpshooter Marksmanship Qualification Badge with automatic rifle, machinegun and rifle bars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Air Medal for 25 helicopter combat inserts, and all decorations awarded to his unit. He had served 1...

  • ARMY | BCMR | CY2010 | 20100017421

    Original file (20100017421.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM). In the absence of orders, there is insufficient evidence to correct his records to show the AM.

  • ARMY | BCMR | CY2010 | 20100013735

    Original file (20100013735.txt) Auto-classification: Approved

    The applicant's military records do not contain orders for any of the individual awards or badges he has requested to be added to his DD Form 214. Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. The applicant is not entitled to the Armed Forces Expeditionary Medal because he was not assigned to Vietnam during the period...