IN THE CASE OF:
BOARD DATE: 8 July 2008
DOCKET NUMBER: AR20080001951
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 award of the Air Medal.
2. The applicant states, in effect, he should be awarded the Air Medal for numerous artillery raids that were made in support of the 1st Cavalry Division in 1967. The applicant continues that his unit was awarded this medal at the combat landing zone named Mendenhol by a high ranking cavalry officer on 22 July 1967. The applicant adds that this medal was not entered on his separation documents.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this 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 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 record shows he was inducted into the Army on 27 December 1965. He completed basic training and advanced individual training and was awarded military occupational specialty 13A (Ammo Handler). The highest rank he attained while serving on active duty was private first class/pay grade E-3.
3. The applicant's DD Form 214 shows that, on 6 November 1967, he was honorably separated from active duty as an early overseas returnee and transferred to the United States Army Reserve Control Group (Annual Training) to complete his service obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Air Medal.
5. There are no general orders in the applicant's record which show he was awarded the Air Medal.
6. Item 41 (Awards, Decorations and Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Air Medal.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Air Medal.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was awarded the Air Medal. Absent evidence to show that during a time of war, the applicant performed acts of heroism or meritorious achievement or service while participating in aerial flight, there is no basis to grant the applicant's request for the Air Medal. Therefore, the applicant is not entitled to this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ __X_ ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to award 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.
ABCMR Record of Proceedings (cont) AR20080001951
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ABCMR Record of Proceedings (cont) AR20080001951
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