IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:   AR20090000378 


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. 

2.  The applicant states, in effect, that he earned the Air Medal for sustained operational activities against an armed enemy with approximately 200 to 400 flight hours as an aircraft crewmember in the Republic of Vietnam. 

3.  The applicant provides in support of his application a Veterans Affairs (VA) Form 21-4138 (Statement of Claim) which lists the various documents that he submitted for the Board's review.  The documents include his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214--Report of Separation from Active Duty), multiple special orders (assignment or attachment, military occupational specialty, and flight status), a payroll statement which shows he received flight pay differential, and military messages.   

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 personnel record shows that on 1 July 1969 he was inducted into the Army of the United States.  On 9 July 1969, the applicant was honorably discharged from the Army of the United States and immediately enlisted in the Regular Army on 10 July 1969 for a 3-year period of service.  The applicant completed basic and advanced individual training and was awarded military occupational specialty 67N (Helicopter Repairman).

3.  Records show the applicant was assigned to Headquarters and Headquarters Company, 35th Engineer Group (Construction) in the Republic of Vietnam from on or about 30 January 1970 to on or about 8 September 1970.  He served as a helicopter repairman with Headquarters and Headquarters Company, 35th Engineer Group from 30 January 1970 to 7 October 1970.

4.  The applicant's military service records do not contain a copy of a DA Form 759 (Parts I and II) (Individual Flight Record and Flight Certificate - Army).

5.  On 17 January 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was issued a DD Form 214 that shows he had completed 2 years, 6 months, and 8 days of net active federal service with 9 months and 13 days of foreign service in the Republic of Vietnam. 

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 17 January 1972 does not show award of the Air Medal.  

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Air Medal.  There are no official orders in the applicant's Official Military Personnel File (OMPF) that show he was awarded the Air Medal.

8.  Records show the applicant was issued a DD Form 215, on 4 February 1976, which does not show award of the Air Medal.  The applicant's DD Form 214 with a separation date of 17 January 1972 was corrected by deleting award of the Vietnam Service Medal and Vietnam Campaign Medal.  The applicant was awarded the following awards:  Vietnam Service Medal with three bronze service stars; Vietnam Campaign Medal Ribbon with Device 1960; Aircraft Crewman Badge; Sharpshooter Marksmanship Badge with Rifle Bar; Marksman Marksmanship Badge with Automatic Rifle Bar; Vietnam Gallantry Cross with Palm Device; and the Vietnam Civil Actions Unit Citation Badge. 
9.  In support of his application, the applicant provides a VA Form 21-4138 that states there are multiple official military orders, official messages, pay statements, and his discharge documents which support his claim that he served as an Army aviation crewmember in the Republic of Vietnam during sustained combat operations.  

10.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties).  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

11.  U.S. Army Vietnam (USARV) Regulation 672-1(Decorations and Awards)  provided, in pertinent part, guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal 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).  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.  

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Air Medal for he served in the Republic of Vietnam and had approximately 200 to 400 flight hours as an aircraft crewman. 

2.  The Board acknowledges that the applicant served honorably in the Republic of Vietnam as an aircraft repairman.  However, there is no evidence in the applicant's available OMPF that shows he was recommended or awarded the Air Medal during his foreign service tour in the Republic of Vietnam.  The award regulatory guidance, in effect at the time, required a minimum number of combat air missions and flying hours within the three separate combat categories documented and authenticated in official Army flight log books.  

3.  The applicant has not provided sufficient evidence to support award of the Air Medal nor was there a copy of a DA Form 759 (Parts I and II) available for the Board's review.  Therefore, there is no record to verify that the applicant flew 200 to 400 hours as a crewmember during combat operations nor is there a record of the type of air missions flown while he served in the Republic of Vietnam. 

4.  As such, there is insufficient evidence to show that the applicant should be awarded the Air Medal. 

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)                                         AR20090000378



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ABCMR Record of Proceedings (cont)                                         AR20090000378



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