IN THE CASE OF:	

		BOARD DATE:	18 June 2009  

		DOCKET NUMBER:  AR20090001631 


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 Bronze Star Medal and the Air Medal.

2.  The applicant states, in effect, that he served as a noncommissioned officer in the infantry in Vietnam and that he feels he was in more combat than the average combat veteran.  He believes that his duties (seven months as a forward observer, two months as a mortar squad leader, and three months as a fire direction chief), his performance, and his conduct are proof enough for award of the Bronze Star Medal and the Air Medal.  He claims that when he left Vietnam there were no awards or decorations submitted by his platoon leader or his unit.  He points out that after six weeks as a squad leader he was promoted to sergeant in a mortar platoon, then he was assigned as a forward observer in a reconnaissance platoon, and he participated in numerous reconnaissance missions and firefights.  He thinks he is entitled to the Air Medal because he flew on two/three helicopter rides a week.  He also states that the Bronze Star Medal was brought to his attention by this platoon leader and his reconnaissance platoon staff sergeant but that was the extent of it.  He indicates that he inquired about his awards when he was leaving Vietnam but he was told that nothing was submitted.       

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); promotion orders; appointment orders; and a letter, dated 2 February 2009, from the National Personnel Records Center, St. Louis, Missouri 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 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 enlisted in the Regular Army on 26 April 1966 for a period of 
4 years.  He served as an infantry indirect fire crewman in Vietnam from 
26 February 1968 to 20 February 1969 and was released from active duty on 
24 April 1970.  

3.  The applicant’s DD Form 214 does not show the Bronze Star Medal or the Air Medal as authorized awards.

4.  There are no orders for the Bronze Star Medal or the Air Medal in the applicant’s service personnel records.  

5.  Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or the Air Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  
  
7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

8.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

9.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator.

10.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 record which shows the applicant was awarded the Bronze Star Medal or the Air Medal.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal or the Air Medal in this case.
 
2.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal or the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal or 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.





      _______ _  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)                                         AR20090001631





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001631



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1