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ARMY | BCMR | CY2003 | 2003083934C070212
Original file (2003083934C070212.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 01 JULY 2003
         DOCKET NUMBER: AR2003083934

         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Ted S. Kanamine Chairperson
Mr. Melvin H. Meyer Member
Ms. Karen Y. Fletcher 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: Reconsideration of his request for award of the Air Medal and the Valorous Unit Award.

APPLICANT STATES: That he was given the Air Medal upon his departure from Vietnam in 1969. He submits copies of two DD Forms 214 (Report of Transfer) of two former soldiers, who he states were in the same unit in Vietnam, at approximately the same time, and doing the same job as himself. Both those soldiers were awarded the Air Medal. He again refers to the statements from two retired officers, one a retired colonel and the other a retired lieutenant colonel, who attest to the applicant's involvement with and attachment to Headquarters and Headquarters Company, 2nd Battalion, 8th Cavalry, on 6 May 1969, for which it was awarded the Valorous Unit Award. He notes the mistakes made by the Army, stating that he arrived in Vietnam on 21 July 1968, not 4 August 1968 as indicated in the 20 December 2001 consideration of his case. He points out the other mistakes made, for instance, the omission of his CIB on his DD Form 214 (since corrected). He states that the Army also made mistakes in not awarding him the Air Medal and the Valorous Unit Award.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 December 2001 (AR2001055299).

A DD Form 214 pertaining to a former soldier, a Staff Sergeant "G," shows that he entered on active duty on 11 September 1968, served in Vietnam from 31 March 1969 to 18 April 1970 with the 1st Cavalry Division, was awarded the Air Medal, among other decorations, and was released from active duty on 18 April 1970.

A DD Form 214 pertaining to a former soldier, a Sergeant "W," shows that he entered on active duty on 31 August 1966, served in Vietnam (dates unknown), and was awarded the Air Medal. His last duty assignment was with Headquarters and Headquarters Company, 2nd Brigade, Third U.S. Army. He was discharged at Fort Campbell, Kentucky on 9 August 1968.

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 fact that two former soldiers, who the applicant states were his comrades in Vietnam, were awarded the Air Medal, is not reason to grant his request for the Air Medal. He has not provided evidence to show that he was awarded or recommended for award of that medal.

2. The applicant has provided no new evidence pertaining to his request for the Valorous Unit Award.

3. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__TSK __ __MHM__ __KYF __ DENY APPLICATION



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



INDEX

CASE ID AR2003083934
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030701
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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