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Decision Text

ARMY | BCMR | CY1990-1993 | 9313826
Original file (9313826.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Correction of his military records to reflect award of the Distinguished Flying Cross, a Bronze Star Medal with “V” device, and an Air Medal with “V” device. He states he served as “a door gunner on a UH-1H for nine months...had 741 combat hrs...[and] was discharged because of war neurosis.” He indicates he believes the records that would substantiate his claim are being “held as a government secret.”
PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD : The applicant's military records show:

He entered active duty on 3 March 1970 and was trained as an airframe repairman. In November 1970 the applicant reenlisted for service in Vietnam and on 3 May 1971 was assigned as an airframe repairman with the 282nd Assault Helicopter Command of the 1st Aviation Brigade in Vietnam.

Following a flight physical examination in August 1971 the applicant was designated as a non-aviator crewmember and assigned duties as a “gunner.”

On 11 January 1972 the applicant departed Vietnam and on 15 February 1972 arrived at Fort Hood, Texas. Shortly after his arrival at Fort Hood orders awarding him the Army Commendation Medal for meritorious service during the period 2 May 1971 through 5 January 1972 were published by the 1st Aviation Brigade in Vietnam.

The applicant was involved in an incident with an NCO on
17 March 1972 which resulted in a charge of disrespect and threatened assault. His request for separation in lieu of courts-martial was approved and on 18 May 1972 he was separated with an undesirable discharge. In 1982 the Army Discharge Review Board granted him a general discharge based on equity.

Army Regulation 600-8-22 states that the Distinguished Flying Cross may be awarded to an individual who distinguishes himself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidence by voluntary action above and beyond the call of duty. The Air Medal with “V” device may be awarded for acts of heroism which are of a lesser degree than required for award of the Distinguished Flying Cross. The Bronze Star Medal may be awarded to individuals who distinguish themselves by heroic actions in connection with military operations against an armed enemy which do not involve participation in aerial flight. As with all individual decorations a recommendation, approval through the chain of command and announcement in orders are required. There is no evidence, and the applicant has not provided any, which confirms that he was ever recommended for, or awarded any valor decorations.

Telephonic information received from the Army’s Awards Branch indicated that a search of the Vietnam era awards files failed to reveal any valor decorations but did confirm the Army Commendation Medal which was awarded to the applicant by the 1st Aviation Brigade in orders published in March 1972.

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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION : The alleged error or injustice was, or with reasonable diligence should have been discovered on 18 May 1972, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 18 May 1975.

The application is dated 4 September 1992 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE :

EXCUSE FAILURE TO TIMELY FILE

GRANT FORMAL HEARING

CONCUR WITH DETERMINATION




                  Karl F. Schneider
                  Acting Director

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