IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080011829
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 that his record be corrected to show the award of the Air Medal.
2. The applicant states his record should be corrected because he was a crew chief for 18 months in the Republic of Vietnam, but he never received his Air Medal.
3. The applicant provides a copy of a letter from the 4th Battalion, 77th Artillery, Aerial Rocket Artillery (ARA), 101st Airborne Division, dated 31 May 1970, 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 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 military personnel record shows that he enlisted in the Regular Army on 16 January 1969. He completed the necessary training and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer).
3. He served in the Republic of Vietnam during the period of 26 November
1969 to 10 July 1971. He was honorably released from active duty on 4 January 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 2 years, 9 months, and 17 days of Net Service This Period.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with
Device (1960), and the Army Commendation Medal. However, it does not show the Air Medal.
5. The letter that the applicant submitted certified he was examined by an Army Medical officer and was found to be free of any disqualifying defects and was fully cleared for flying duty.
6. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations. Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R. The recommendation for award must also state that the individual has met the required number of missions and hours for award of the Air Medal, that the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident, and that the individuals accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.
7. 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 is no evidence of an Air Medal recommendation in the applicants record.
2. The memorandum submitted by the applicant basically shows that he was cleared for flying duty; however, it does not show he met minimum requirements for award of the Air Medal.
3. As such, there is no basis to award the applicant the Air Medal.
4. While the available evidence is insufficient for awarding the applicant the Air Medal this in no way affects the applicants 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 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) AR20080011829
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ABCMR Record of Proceedings (cont) AR20080011829
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