IN THE CASE OF: BOARD DATE: 17 September 2008 DOCKET NUMBER: AR20080005654 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show award of the Air Medal. 2. The applicant states, in effect, that the Air Medal for his service in Vietnam with the 123rd Aviation Battalion was not awarded to him in a timely fashion. He recorded more than 500 duty hours on air rifle platoon reconnaissance and feels that he earned the award. 3. The applicant provides no additional documentation in support of this application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 27 May 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade on or about 18 June 1970. He was reassigned to B Company, 123rd Aviation Battalion, 23rd Infantry Division on 11 December 1970 where he performed duties as a rifleman. 4. The applicant departed Vietnam on 9 May 1971. On 27 May 1971, he was honorably released from active duty after completing 2 years, 6 months, and 27 days of creditable active service. 5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 27 May 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge. 6. There are no orders in the applicant's records that show he was awarded the Air Medal. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal. 7. 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. DISCUSSION AND CONCLUSIONS: The applicant contends that the Air Medal was never awarded to him in a timely fashion for his service in Vietnam with the 123rd Aviation Battalion. Although evidence of record shows he was assigned to the 123rd Aviation Battalion while he served in Vietnam, there is no evidence in his records and the applicant has not provided evidence (i.e. orders, flight records etc.) to substantiate his contention. Therefore, there is insufficient evidence to show he is eligible for the Air Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___xx___ ___xx___ ___xx___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ xxxx____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080005654 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080005654 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1