IN THE CASE OF:	

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080003873 


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 records to show award of the Air Medal.

2.  The applicant states that he was awarded the Air Medal for meritorious service in February 1991 while serving as a door gunner on an UH-60 Blackhawk helicopter and while attached to B Company, 4th Battalion, 1st Aviation, 1st Infantry Division.  He also adds that the award and medal were lost during a move to college in 1993.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 November 1992, 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 records show he enlisted in the Regular Army for a period of 2 years and 17 weeks on 4 October 1990.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was honorably released from active duty and transferred to a U.S. Army Reserve (USAR) unit in Granite City, IL on 13 November 1992 to complete his remaining military service obligation.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3. 

3.  The applicant’s record shows he served in Southwest Asia in support of Operations Desert Shield/Storm from 15 February 1991 to 2 May 1991.  He was assigned to B Company, 237th Engineer Battalion.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 13 November 1992, shows he was awarded the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, the Army Lapel Button, and the Kuwait Liberation Medal - Saudi Arabia.  Item 24 does not show award of the Air Medal.

5.  The applicant’s records do not contain orders awarding him the Air Medal.

6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show award of 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.  This regulation also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  Department of the Army message, with a date/time group of 051044Z April 1991, provided implementation guidance for award of the Air Medal for service in the Southwest Asia Theater of Operations.  The message stated:  “The Air Medal for meritorious service in the Southwest Asia Theater of Operations is authorized for sustained distinction in the performance of duties involving regular and frequent aerial flight for a period of at least six months.  For the purpose of this award, approving authorities may consider time flown in Southwest Asia commencing 2 August 1990.”

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 permanent orders in the applicant’s service personnel records which show that he was awarded the Air Medal.  There are no flight records available or other documentary evidence indicating that he participated in aerial flights while stationed in Southwest Asia.  Therefore, there is insufficient evidence to award the applicant 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:

________  ________  ________  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.



      _________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)                                         AR20080003873



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ABCMR Record of Proceedings (cont)                                         AR20080003873



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