RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080002040
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
Member
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for award of the Air Medal and the Purple Heart (1st Oak Leaf Cluster).
2. The applicant states, in effect, that he was awarded the Air Medal for which he provides a copy of the general orders. He did not provide any new evidence or make a statement regarding his request for reconsideration of the Purple Heart (1st Oak Leaf Cluster).
3. The applicant provides a copy of his general orders awarding him the Air Medal.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002069915 on 17 September 2002. His case was reconsidered by the ABCMR in Docket Number AR20070011633, dated 20 December 2007, which denied him the Air Medal and the Purple Heart (1st Oak Leaf Cluster).
2. General Orders 10637, Department of the Army, Headquarters, 1st Air Cavalry Division, dated 16 August 1968, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam for the period March July 1968.
3. Due to an administrative oversight the applicant was denied the Air Medal in the ABCMR's previous reconsideration.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of his earlier request for award of the Air Medal and the Purple Heart (1st Oak Leaf Cluster).
2. General orders awarded the applicant the Air Medal. Therefore, he is entitled to have his record corrected to show this award.
3. The applicant provided no new evidence in support of his request for reconsideration for award of the Purple Heart (1st Oak Leaf Cluster). Therefore, there is no new evidence upon which to base a change in the previous denial.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__rml___ __gjp___ __swf___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMRs decision in Docket Number AR2002069915, dated 17 September 2002. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Air Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart (1st Oak Leaf Cluster).
RML
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002040
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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