IN THE CASE OF:	

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100016353 


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 award of the Air Medal.

2.  The applicant states he believes he qualified for award of the Air Medal while serving in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 1 February 1971, completed training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Vietnam in the duty MOS of rifleman with Company C, 1st Battalion, 327th Infantry Regiment, from 4 October 1971 through 25 December 1971 and with Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment, 3rd Brigade, 1st Cavalry Division, from 31 December 1971 through 18 April 1972.

4.  The applicant was honorably released from active duty on 6 February 1973.  His DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, and Combat Infantryman Badge.

5.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Machinegun Bar, and Expert Marksmanship Qualification Badge with Pistol Bar.

6.  His official military personnel file contains no evidence the applicant was granted flight status or participated in any air-land assaults against an armed enemy.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal.

8.  Army Regulation 600-8-22 (Military Awards) states 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, a formal recommendation, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he believes he qualified for award of the Air Medal while serving in Vietnam.

2.  The applicant has not provided and the record does not contain any evidence he was granted flight status, participated in any air-land assaults against an armed enemy, or was awarded the Air Medal.  Therefore, entitlement to the Air Medal cannot be established and the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X_____________
                 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)                                         AR20100016353



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ABCMR Record of Proceedings (cont)                                         AR20100016353



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