IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001793 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Air Medal.

2.  The applicant states that he was assigned to the 6147 Tactical Control Group, 5th Air Force, Korea from November 1951 to January 1952 and that he was awarded the Air Medal but it was not shown on his records because he was in the process of returning home at the time of presentation.

3.  The applicant provided a copy of his DD Form 214, dated 23 July 1952; and a copy of certificate, dated 3 February 1952, awarding him the Air Medal, in support of his application.  

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows that he entered active duty in Nashville, Tennessee, on 23 October 1950, and was trained in military occupational specialty (MOS) 1745 (Light Weapons Infantry).  This form also shows he served with Company B, 87th Reconnaissance Battalion. 

4.  The applicant’s DD Form 214 further shows that he completed 1 year, 9 months, and 1 day of creditable military service, 11 months and 17 days of which was foreign service.  He was honorably separated in the rank/grade of what appears to be sergeant first class (SFC) (Temporary) and transferred to the U.S. Army Reserve Control Group on 23 July 1952. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the Silver Star, the Purple Heart, and the Korean Service Medal with two bronze service stars.  Item 27 does not show award of the Air Medal.

6.  The applicant’s constructed records do not contain General Orders awarding him the Air Medal.

7.  The applicant submitted a copy of a certificate, dated 3 February 1952, that shows he was awarded the Air Medal for meritorious achievement while participating in aerial flights.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, formal recommendations, approval through the chain of command, and announcement in orders are required.




9.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Air Medal.  The certificate submitted by the applicant is insufficient by itself to award the applicant the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, there is insufficient evidence upon which to base award of the Air Medal in this case.

2.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was sufficient to warrant a recommendation for relief.  The individual provided a certificate for award of the Air Medal.  He was also awarded the Silver Star and the Purple Heart as verified on his DD Form 214.  While understanding the requirement for orders, a reasonable conclusion, based on his awards already verified, is that the Air Medal was awarded.  

2.  As a result, the Board recommends that all Department of the Army Records of the individual concerned be corrected by amending his DD Form 214 to show award of the Air Medal for meritorious achievement while participating in aerial flight.



								XXX
      _______________________
      	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)                                         AR20080001793



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ABCMR Record of Proceedings (cont)                                         AR20080001793



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