RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060017031 


	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.


Mr. Gerard W. Schwartz

Acting Director

Mrs. Phyllis M. Perkins

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	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 the award of the Air Medal. 

2.  The applicant states that the Air Medal should be awarded to him for the time served in the Republic of Vietnam.  He continues that he was a combat infantryman and later was reassigned as a combat illustrator during his tour in the Republic of Vietnam.  The applicant states that these duties required regular and frequent flights into enemy territory. 

3.  The applicant provides a self-authored letter; a statement from a former service member; a letter from the Army Board for Correction of Military Records (ABCMR), dated 17 October 2006; a copy of ABCMR Record of Proceedings dated 11 October 2006; Synopsis of Orders, Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 52, dated 21 February 1960; Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 74, dated 21 February 1960; and 1st Cavalry Division (Airmobile) United States Army Infantry Center (Fort Benning, Georgia) Number 326, dated 21 November 1968 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 April 1969, the date of his release from active duty.  The application submitted in this case is dated 29 November 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's service personnel records show he was inducted in the Army of the United States on 28 August 1967.  Records show he was awarded the military occupational specialty (MOS) 11B (Lights Weapons Infantryman), 81E (Illustrator), and 84G (Photo Lab Technician).  


4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) show during his tour in the Republic of Vietnam he was assigned to:  Company D, 5th Battalion, 7th Calvary of the 1st Calvary Division from 21 February through 22 April 1968; and the 15th Administrative Company from 23 April 1968 through 31 March 1969.

5.  Item 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as corrected by DD Form 215 (Correction to DD From 214, Certificate of Release or Discharge from Active Duty), shows the applicant was awarded the following:  the National Defense Service Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with "1960" Device, 2 Overseas Service Bars, the Combat Infantryman Badge, the Army Commendation Medal with "V" Device, the Good Conduct Medal, the Meritorious Unit Commendation, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Sharpshooter Qualification Badge with Automatic Rifle Bar, and the Marksman Qualification Badge with Rifle and Machine Gun Bar.

6.  There are no orders found in the applicant's records that show he was awarded the Air Medal. 

7.  The applicant's records do not contain any documentary evidence showing he participated in aerial flights during his tour in the Republic of Vietnam.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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) and accrual of a minimum of 25 hours of flight time while engaged in Category I 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.  

9.  The USARV awards regulation divided combat missions into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Air Medal because his duties while stationed in the Republic of Vietnam required regular and frequent flights into enemy territory. 

2.  The records available contain no evidence which shows the applicant was awarded the Air Medal.  There are no flight records found in the applicant's records or other documentary evidence indicating that he participated in an air assault while stationed in the Republic of Vietnam.

3.  The applicant has not provided sufficient evidence to show that during his tour in the Republic of Vietnam he distinguished himself by meritorious achievement while participating in aerial flights which is required by regulation for award of the Air Medal.  In view of these facts, there is insufficient basis to grant the applicant's request for award of the Air Medal in this case.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 April 1972.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_MJF____  _CD___  ___JCR___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_Carman_____________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.