IN THE CASE OF:	

		BOARD DATE:	  11 December 2008

		DOCKET NUMBER:  AR20080016046 


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 (AM).

2.  The applicant states that he is entitled to the AM for meritorious service while participating in aerial flight during the period 22 February 1967 through 19 October 1967 in Vietnam.  He states that his commander recommended him for the AM, but the recommendation was denied.  He adds that he participated in 13 artillery raids involving aerial flight in support of tactical operations which he estimates involved 26 hours of flight time.

3.  The applicant provides his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), a letter from the Board's staff which returned the applicant's request for him to exhaust administrative remedies, and the response from the U.S. Army Human Resources Command (HRC) when the applicant requested award of the AM under the provisions of Title 10, U.S. Code, section 1130.  In its response, the HRC explained the criteria for award of the AM during Vietnam for crewmembers and non-crewmembers who participated in aerial flights over hostile territory was completion of 25 Category I (Combat Assault), 50 Category II (Combat Support) or 100 Category III (Combat Service Support) missions.  The HRC informed the applicant that he had not submitted evidence that he had met the requirements for award of the AM, informed him what documentation would be required, and told him where he could find that documentation.


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 was inducted into the Army on 11 August 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 94B (Cook).  He was later awarded MOS 13B (Field Artillery Crewman).

3.  The applicant arrived in Vietnam and was assigned to C Battery, 7th Battalion, 13th Artillery, on or about 15 January 1967.  He departed Vietnam on or about 10 January 1968.

4.  On 9 August 1968, he was honorably released from active duty in the rank of corporal/E-4 after completing 1 year, 11 months, and 29 days of active service.

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DD Form 214 was later amended to add the Good Conduct Medal, Meritorious Unit Commendation, Vietnam Service Medal with 2 bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant resubmitted his request for the AM to this Board after the HRC informed him that he had insufficient evidence in which to award him the AM, what documents he needed, and where he could find those documents.  In that request the applicant stated that he participated in all 13 airmobile artillery raids conducted by his unit.  The Board's staff returned that request stating that the applicant had not taken the actions specified by the HRC and, therefore, had still not exhausted his administrative remedies.

8.  On 31 October 2008, the applicant again submitted his request to this Board stating that he believes that he has exhausted his administrative remedies.  The applicant reiterates his contention that he was promised the AM by his commanding general, he has submitted an affidavit from another Soldier attesting to the fact that he was promised an AM, and while he does not have the flight logs or orders requested by the HRC, he has submitted battalion logs, newspaper articles, and news films chronicling his unit's air assaults.

9.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It defined the departure point for the award of the AM for aircraft crewmembers based on sustained operations as:  25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).

10.  USARV Regulation 672-1 further stated that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the AM for achievement after completion of 25 assault missions. Personnel in this category are not required to complete 25 hours of flight time.  For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations.  A passenger may receive credit for one mission for each assault landing completed.  This regulation continued by stating that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant himself states that he participated 13 airmobile artillery raids with his unit.

2.  As such, the applicant is 12 assault missions short of the 25 Category I (Combat Assault) missions required for award of the AM, presuming that all 13 of the applicant's unit's airmobile artillery raids were classified as combat assault.

3.  In view of the foregoing, there is no basis in which to grant 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)                                         AR20080016046



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ABCMR Record of Proceedings (cont)                                         AR20080016046



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