IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090002668
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 records to show award of the Air Medal.
2. The applicant states he should have received an Air Medal.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); DD Form 215 (Correction to DD Form 214); DD Form 256A (Honorable Discharge Certificate); photocopy of driver license; Social Security Card; 1st Cavalry Division Airmobile, Vietnam Combat Certificate; photocopies of miscellaneous Vietnam War related items; orders awarding the Purple Heart; and a photocopy of the criteria for award of the Air Medal in support of this 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 records show he was inducted into the Army of the United States on 1 September 1967. He was awarded the military occupational specialty of light weapons infantryman.
3. The applicant was honorably released from active duty on 29 May 1969 and transferred to the US Army Reserve Control Group (Annual Training) after completing 1 year, 8 months and 29 days of creditable active service.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division in the Republic of Vietnam performing duties in MOS 11B as a rifleman and grenadier during the period 14 January through 17 September 1968.
5. The applicant's records do not contain any evidence that indicate he was ever recommended for or awarded the Air Medal by proper authority.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal (AM) 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 is required.
7. USARV Regulation 672-1 provided 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 non-professionalism, 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 individuals 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.
DISCUSSION AND CONCLUSIONS:
There are no flight records or other evidence to show the applicant accumulated the required flight hours or flew on the required number of missions to be awarded the Air Medal. As such, there is no basis for award of 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) AR20090002668
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ABCMR Record of Proceedings (cont) AR20090002668
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