IN THE CASE OF:	  

		BOARD DATE:	       21 May 2009

		DOCKET NUMBER:  AR20090002498 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and two additional awards of the Army Commendation Medal.

2.  The applicant states, in effect, that these awards were left off of his DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 and certificates and citations for the requested awards. 

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.  On 26 February 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 3 July 1969, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam.

4.  On 20 August 1969, the applicant was assigned for duty as an infantryman with the 2nd Battalion, 47th Infantry Regiment.  

5.  General Orders Number 155, Headquarters, II Field Force Vietnam, dated 
12 January 1970, awarded the applicant the Army Commendation Medal for meritorious achievement for the period from 11 August to 25 December 1969.

6.  On 26 January 1970, he was reassigned within the unit for duty as an automatic rifleman.

7.  On 10 August 1970, the applicant returned to the United States for duty at Fort Knox, Kentucky.

8.  On 25 February 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Air Medal or more than one Army Commendation Medal.

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 awarding the applicant the Air Medal or Army Commendation Medals.

11.  The applicant has provided a copy of a certificate and citation showing that he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period from 20 August to 26 October 1969.  He has also provided two certificates and citations showing that he was awarded an Army Commendation Medal, First Oak Leaf Cluster, for meritorious achievement from 13 December 1969 to 11 July 1970; and an Army Commendation Medal, Second Oak Leaf Cluster for meritorious service from August 1969 to August 1970.

12.  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.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add an Air Medal and two additional awards of the Army Commendation Medal.

2.  There are no available general orders showing that the applicant was awarded the Air Medal or two additional Army Commendation Medals.  The certificates and citations provided by the applicant are not sufficient evidence upon which to base a correction of his records.  Should he have, or be able to obtain, copies of the orders awarding him the Air Medal or additional Army Commendation Medals, or be able to provide other evidence to corroborate these awards, he may submit another application for consideration.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  Regrettably, in view of the foregoing there is no basis for granting 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)                                         AR20090002498





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002498



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1