IN THE CASE OF:	  
		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080009721 


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, in effect that his DD Form 214, Report of Separation from Active Duty, be corrected to show multiple awards of the Air Medal.

2.  The applicant states, in effect that to his knowledge he was awarded/
recommended for at least two Air Medals for his Vietnam service as follows:

	1st Award - 9 April 1969 for the period from 27 August 1968 to 15 January 1969 and

	2nd Award - 29 October 1969 for the period from 18 January 1969 to 22 July 1969.

3.  The applicant adds that the Air Medal is a significant combat decoration that shows the character and personal contribution of the applicant's wartime service.  To leave these awards out of the applicant's official records, by no fault of the applicant, minimizes and renders mute his contribution for future generations of Americans.

4.  In support of his request, the applicant provides a copy of a letter he received from the National Personnel Records Center (NPRC), dated 7 March 2005; a copy of his last issued DD Form 214; and a copy of two citations for award of the Air Medal which he claims were awarded to him.



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 record shows that he enlisted in the Regular Army on 28 June 1955.  He completed his basic combat and advanced individual training and was awarded the military occupational specialty 111.00 (Light Weapons Infantryman).  The applicant continued his career through several reenlistments.  During his career he was reclassified and held the aviation-related military occupational specialties of 67N (UH-1 Helicopter Repairman) and 67W (Helicopter Technical Inspector).  The applicant was separated for the purpose of retirement on 30 June 1975.  He was transferred to the Army Reserve Control Group (Retired) on 1 July 1975 in the rank and pay grade of sergeant first class, E-7.  On the date of his transfer to the Retired Reserve, the applicant had completed 20 years and 3 days of active military service.

3.  The applicant's record shows he served in Vietnam from 15 February 1965 through 14 February 1966, from 14 August 1968 through 8 August 1969, and from 31 August 1971 through 8 August 1972.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with 8 bronze service stars, the Parachutist Badge, the Driver and Mechanic Badge, the Senior Aircraft Crewman Badge, the Air Medal, the Meritorious Unit Commendation, the Good Conduct Medal (4th Award), the Army Commendation Medal with one oak leaf cluster, the Bronze Star Medal, 5 Overseas Service Bars, and 6 service stripes.  Additional awards of the Air Medal are not shown.

5.  With his request, the applicant provided a copy of a letter he received from the NPRC.  This letter shows the NPRC verified the applicant's entitlement to only one Air Medal.  No additional orders for award of the Air Medal were apparently found in his service personnel record by the NPRC.

6.  The award citations for the Air Medal the applicant submitted with his request show he was awarded the Air Medal for the period 27 August 1968 to 15 January 1969 and the "FIRST THRU SECOND AWARD" for the period 18 January 1969 to 22 July 1969.

7.  General Orders 262, published by Headquarters, 44th Medical Brigade, on 31 March 1969, show the applicant was awarded the Air Medal for meritorious service while participating in aerial flight for the period 27 August 1968 to 15 January 1969.

8.  There are no orders in the applicant's service personnel record showing he was awarded the first through second award of the Air Medal for the period 18 January 1969 to 22 July 1969.  The applicant also did not provide a copy of orders for the Air Medal which corresponds with this award citation.

9.  The applicant stated, in effect, he was awarded or recommended for at least two awards of the Air Medal.  However, copies of MACV Form 201, Air Medal Eligibility Record, or ASCV Form 131, Awards and Decorations Qualification Record, and any other applicable awards-related forms were not found in his service personnel record.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the first through second award Air Medal.

11.  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.



12.  USARV Regulation 672-1, Appendix IV, paragraph 5, states that to be considered for award of the Air Medal, individuals must have accumulated 25 Category I missions and must have accrued 25 hours of flight time while engaged in these Category I missions, or individuals must have accumulated 50 Category II missions and must have accrued 50 hours of flight time while engaged in these Category II missions, or individuals must have accumulated 100 Category III missions and must have accrued 100 hours of flight time while engaged in these Category III missions.  To adjust hours and missions to "common time," divide Category II missions and flight time by two, and Category III missions and flight time by four.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Air Medal.  This award is shown on his DD Form 214.

2.  Although the applicant submitted a copy of a citation which allegedly awards him the first through second award of the Air Medal for the period 18 January 1969 to 22 July 1969, he did not provide a copy of corresponding orders for this award.  A copy of corresponding award orders is also not on file in his service personnel records and was not located in the ADCARS.

3.  Based on the lack of supporting evidence, the applicant is therefore not entitled to have the first through second award of the Air Medal added to his DD Form 214.

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)                                         AR20080009721



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ABCMR Record of Proceedings (cont)                                         AR20080009721



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