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Decision Text

ARMY | BCMR | CY1997 | 9710863
Original file (9710863.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Award of the Air Medal. He states he knows he received the award while in Vietnam. (Note: His request for award of the Purple Heart was administratively granted and as such will not be addressed by the Board.)
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 16 May 1966 and was assigned to Vietnam as a infantryman in September 1967. There are no flight records or evidence the applicant participated in combat flight missions in other than a passenger status.

He departed Vietnam in September 1968 and completed his service commitment at Fort Bragg, North Carolina. On 15 May 1969 he was released from active duty and transferred to the Army Reserve. Neither his DD Form 214 nor his DA Form 20 (enlisted qualification record) reflect entitlement to the Air Medal.

Army Regulation 600-8-22 provides that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations). 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 provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty five Category I missions (air assault and equally dangerous missions) was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. There is no evidence, and the applicant has not provided any that he was ever recommended for, or awarded, the Air Medal based on his service in Vietnam.

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 15 May 1969, the date he was separated from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 15 May 1972.

The application is dated 19 January 1995 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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