MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003084967

         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert L. Duecaster		Member
Ms. Marla J. N. Troup		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, that his records be changed to show award of the Air Medal (AM), as a result of participating in Category I air missions in the Republic of Vietnam (RVN).

APPLICANT STATES: That as a member of the mortar platoon of an infantry company, he was often attached to other infantry platoons in the capacity of forward observer. He contends that this led to the omission of his name from recommended lists of personnel eligible for award of the AM by the respective platoons. The applicant states that he participated in numerous Category I air assault missions during his one year tour of duty in the RVN. He further states that, with the exception of 23 days when he had malaria, he “never missed any operation” that the unit went on. In support of his request, the applicant has submitted copies of 5 different general orders, all announcing award of the AM to other members of the mortar platoon and the 2nd platoon during the same time frame as the applicant. He has also submitted a copy of special orders announcing award of the Combat Infantryman Badge to himself and to other members of his unit at the time.

EVIDENCE OF RECORD: The applicant's military records show that he enlisted in the Regular Army on 14 September 1961. He completed basic and advanced individual training in military occupational specialty (MOS) 11B10 (Infantry). The applicant spent his entire career in the infantry, serving multiple overseas tours in Alaska, Germany, Korea, and Vietnam, as well as at various posts in the continental United States. He retired in the rank of first sergeant on 1 December 1981.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the following decorations: the National Defense Service Medal; the Good Conduct Medal (6th Award); 3 Overseas Service Bars; the Driver Mechanic Badge with W Component Bar; the Expert Basic Marksmanship Qualification Badge with Rifle Bar; the Army Commendation Medal, the Armed Forces Expeditionary Medal (Korea); the Combat Infantryman Badge; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Presidential Unit Citation, the Meritorious Service Medal; 2 Overseas Service Ribbons; the Noncommissioned Officer Professional Development Ribbon; and, the Army Service Ribbon

There are no orders in the applicant’s service personnel records that show he was awarded, or recommended for award of, the AM and the applicant did not provide a copy of orders, or an award certificate, or a copy of an award recommendation in support of his claim for this award.

Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the AM.

Army Regulation 600-8-22 provides, in pertinent part, that the AM 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 AM. It established that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the Air Medal for achievement after completion of 25 assault missions. Personnel in this category are not required to complete 25 hours of flight time. For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations. A passenger may receive credit for one mission for each assault landing completed.

The applicant’s DD Form 214 shows award of the Vietnam Service Medal, but does not show campaign credit for the period he served in Vietnam (22 November 1965 to 8 November 1966).

Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Defense, 8 March 1965 to 24 December 1965, Vietnam Counteroffensive, 25 December 1965 to 30 June 1966, and Vietnam Counteroffensive, Phase II, 1 July 1966 to 31 May 1967.

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 are no orders in the applicant’s service personnel records which show that he was awarded, or was recommended for award of, the AM.

2. The applicant did not provide a copy of orders, or an award certificate, or eyewitness statements, or a copy of a log verifying the number combat assaults he participated in, or any other evidence in support of his claim for the AM.

3. The applicant’s DA Form 2-1 does not show award of the AM.

4. The applicant’s DD Form 214, which is authenticated in his own hand, does not show award of the AM.

5. The Board noted the copies of general and special orders provided by the applicant. However, the Board was unable to determine the applicant’s eligibility for award of the AM to the applicant using these documents.

6. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the AM.

7. The Board noted the applicant’s entitlement to award of three bronze service stars, to be affixed to the Vietnam Service Medal and determined that his records should be corrected administratively.

8. 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.

9. 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.

NOTE: The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded three bronze service stars, based on his participation in three Vietnam War campaigns.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___rjw ___ ___mjnt _ ___rld __ DENY APPLICATION

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

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INDEX

CASE ID	AR2003084967
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
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.
2.
3.
4.
5.
6.