IN THE CASE OF:	

		BOARD DATE:	
		DOCKET NUMBER:  AR20080009496 


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 with one Oak Leaf Cluster.

2.  The applicant states that his company commander failed to award him the medal.

3.  In support of his application, the applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); four reference letters from former members of his unit, to include one member’s citation for the Air Medal; and his DD Form 215 (Correction to DD Form 214).

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 destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available records show that he was inducted into the Army of the United States on 16 June 1967.  He completed training in military occupational specialty 11B, Light Weapons Infantryman.  He served in Vietnam from 21 November 1967 to 20 November 1968.

4.  The applicant was released from active duty in pay grade E-5 on 13 June 1969 at the expiration of his term of service.  He was transferred to the United States Army Reserve Control Group (Annual Training).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Bronze Star Medal with First Oak Leaf Cluster, Purple Heart, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Commendation Medal. The Air Medal is not shown on his DD Form 214. 

6.  There are no orders in the applicant's records awarding the Air Medal or evidence he served as a crewmember or non-crewmember on flying status while in Vietnam.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not show award of the Air Medal.

8.  The applicant submits letters from four former members of his unit wherein they stated, in effect, that the applicant was a valued and dedicated member during combat in Vietnam.  One former member also stated that every Soldier in his platoon earned at least one Air Medal in that time period and there was no doubt in his mind that the applicant was qualified for the Air Medal.

9.  The applicant was issued a DD Form 215, dated 6 January 2006, adding to his list of awards the following:  Purple Heart with First Oak Leaf Cluster, Vietnam Service Medal with one Silver Service Star, Republic of Vietnam Campaign Medal with Device (1960-), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Bronze Star Medal with one Oak Leaf Cluster and “V” Device.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's unit and for the time frame the applicant served in Vietnam was conducted.  This review failed to show that orders were published or other evidence to indicate authorization for award of the Air Medal to the applicant.

11.  Army Regulation 600-8-22 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.  In view of the circumstances in this case, the applicant is not entitled to award of the Air Medal and to have this award added to his DD Form 214.  The applicant has not shown error, injustice, or inequity for the relief he now requests.

2.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  Available service records give no indication that the applicant was recommended for this award.

3.  The documents provided by the applicant were considered.  However, the overall merits of the case, including the submissions are insufficient as a basis to grant the applicant's request.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080009496



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ABCMR Record of Proceedings (cont)                                         AR20080009496


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