MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002083039

         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. Melvin H. Meyer		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Jose A. Martinez		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: In effect, award of the Purple Heart, the Air Medal, the Bronze Star Medal with "V" Device and an unspecified citation.

APPLICANT STATES: That he was wounded on 1 April 1970. He contends that he sustained a flesh wound to his left leg and his best friend was killed in the same attack. He states, in effect, that as a senior military policeman he volunteered to fly missions as a door gunner due to the shortage of trained personnel. He contends that he flew 60 to 75 missions and that he should be entitled to the Air Medal. He also contends that he was told his Commanding Officer put him in for the Bronze Star Medal with "V" Device for risking his own life to protect another soldier involved in a traffic fatality in Vietnam. He goes on to state that after returning from Vietnam, he apprehended several members of a car theft ring that had been victimizing his base. He was told that he would receive a citation for making this apprehension. In support of his application, he submits a letter of explanation.

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

The applicant enlisted on 9 April 1969 for a period of 3 years. He served as a military policeman in Vietnam from 1 October 1969 through 30 September 1970 and was honorably released from active duty on 7 January 1972.

The applicant's DD Form 214 shows the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

A DD Form 215 (Correction to DD Form 214), prepared on 8 June 1999, amended the applicant's DD Form 214 to show award of the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge (two awards) and two Overseas Service Bars.

There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

The applicant's name does not appear on the Vietnam Casualty Roster.

There are no flight hours recorded in the applicant's service personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.
There are no orders for the Bronze Star Medal with "V" Device in the applicant's service personnel records.

The applicant's service personnel records fail to show that he was recommended for or received an award for apprehending members of a car theft ring.

Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

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.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is 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 are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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.

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 was wounded on 1 April 1970.

2. There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. The Board considered the applicant's contention that he flew 60 to 75 missions. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which supports this contention.

5. 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, the Board determined that there is insufficient evidence on which to base award of the Air Medal in this case.

6. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with "V" Device. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with "V" Device in this case.

7. The Board considered the applicant's contention that he was told he would receive a citation for apprehending members of a car theft ring. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

8. 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 any award for apprehending members of a car theft ring. Therefore, the Board determined that there is insufficient evidence on which to base any award for this incident.


9. 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.

10. 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

MHM___ DSJ_____ JAM_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002083039
SUFFIX
RECON
DATE BOARDED	20030520
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.