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Decision Text

ARMY | BCMR | CY2002 | 2002083332C070215
Original file (2002083332C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002083332

         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. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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 military records to show award of the Air Medal with "V" Device and any awards and decorations to which he may be entitled.

APPLICANT STATES: In effect, that his discharge documents do not show how many awards of the Air Medal he earned or award of the Air Medal with "V" Device. He also contends that his discharge documents do not show oak leaf clusters for his Army Commendation Medal. In support of his application, he submits four discharge documents.

The Board notes that his application states that he provided five discharge documents; however, only four discharge documents are available to the Board.

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

The applicant enlisted on 31 July 1965 for a period of 3 years. He served as a helicopter mechanic in Vietnam from 31 January 1968 through 18 July 1968 and was honorably released from active duty on 18 July 1968. He entered active duty on 18 January 1971 and was honorably discharged on 17 January 1974. He entered active duty again on 3 July 1974 and was honorably discharged on 14 August 1975 for immediate reenlistment. The applicant reenlisted on
15 August 1975 and was honorably discharged on 14 January 1981.

The applicant's DD Form 214 with an effective date of 18 July 1968 does not show the Air Medal with "V" Device as an authorized award. This DD Form 214 does show the Air Medal as an authorized award.

There are no orders for the Air Medal with "V" Device in the applicant's service personnel records.

There are no flight hours recorded in the applicant's service personnel records.

The applicant's service personnel records contain 1st Aviation Brigade General Orders Number 2653, dated 3 May 1968, which show the applicant received the basic award of the Air Medal for the period 5 March 1968 to 2 April 1968.

There is no evidence in the applicant's service personnel records which shows that he received any subsequent awards of the Air Medal.

The Board notes that the applicant's DD Form 214 with an effective date of
14 January 1981 shows the Army Commendation Medal with First Oak Leaf Cluster as an authorized award.

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 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. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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 his discharge documents do not show the Air Medal with "V" Device. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received the Air Medal with "V" Device. Therefore, the Board determined that there is insufficient evidence on which to base Air Medal with "V" Device in this case.

2. The Board also considered the applicant's contention that his discharge documents do not show how many awards of the Air Medal he earned.

3. Evidence of record shows the applicant received the basic award of the Air Medal for the period for the period 5 March 1968 to 2 April 1968. The applicant's DD Form 214 with an effective date of 18 July 1968 shows this award.

4. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received additional awards of the Air Medal. Therefore, the Board determined that there is insufficient evidence on which to base additional awards of the Air Medal in this case.

5. The evidence of record does not support the applicant's contention that his discharge documents do not show oak leaf clusters for his Army Commendation Medal. The applicant's DD Form 214 with an effective date of 14 January 1981 shows the Army Commendation Medal with First Oak Leaf Cluster.

6. 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.

7. 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

FNE____ LEM____ LCB_____ DENY APPLICATION



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




INDEX

CASE ID AR2003083332
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0018
2. 107.0000
3.
4.
5.
6.


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