IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080001181
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 that his records be corrected to show award of the Air Medal.
2. The applicant states, in effect, that he was awarded the Air Medal on
22 November 1970 and a copy of the orders were given to him, but it is not in his records. He would like to have his records corrected for personal reasons and for his children and grandchildren.
3. The applicant provides a copy of a personal statement and Department of the Army, Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13928, dated 22 November 1970.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel record shows he was inducted into the Army of the United States on 3 June 1969. He completed the necessary training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).
3. The applicant served with Headquarters and Headquarters Company (HHC), 3rd Battalion (Air Mobile), 506th Infantry in the Republic of Vietnam during the period 14 November 1969 to 18 October 1970.
4. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control group (Annual Training), St. Louis, Missouri on
2 June 1971. He completed 2 years Net Service This Period.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) does not show the award of the Air Medal.
6. A DD Form 215 was later issued to the applicant that shows he was awarded the Combat Infantryman Badge, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, and the Good Conduct Medal.
7. Department of the Army, Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13928, shows that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the Air Medal.
2. Orders show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight. Therefore, he is entitled to correction of his records to show the Air Medal.
BOARD VOTE:
__X_____ ___X____ __X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Air Medal.
_______ _ 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.
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