IN THE CASE OF:	

		BOARD DATE:	23 June 2009  

		DOCKET NUMBER:  AR20090003470 


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 for a minimum of 75 aerial flight hours.

2.  The applicant states that during his service with the 120th Aviation Company he flew a minimum of 75 hours as crew chief on a UF-1D helicopter.  He refers to "previously sent in affidavits" as being submitted in support of his application.  However, the affidavits were not included with his application or contained in the limited records provided from the National Personnel Records Center in St. Louis, MO.

3.  The applicant provides no additional evidence or official documentation 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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  The only record available to this Board is the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of separation of 9 February 1968.

3.  The applicant's DD Form 214 shows he was inducted on 10 February 1966.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 67N (Helicopter Mechanic).

4.  There are no available records showing the applicant's period of service in the Republic of Vietnam or the units to which he was assigned.  However, item 22c (Foreign and/or Sea Service) contains the entry "Vietnam" and indicates 11 months and 26 days.  In addition, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he is authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

5.  On 9 February 1968, the applicant was released from active duty due to the expiration of his term of service.  He had completed 2 years of active service that was characterized as honorable.

6.  Item 24 of the applicant's DD Form 214 does not show the award of the Air Medal.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, 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 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.

8.  U.S. Army Vietnam Regulation 672-1,  Appendix IV, required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."

9.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in 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.  Entries on the applicant's DD Form 214 substantiate the fact that the applicant served in the Republic of Vietnam.

2.  The applicant contends he flew a minimum of 75 flight hours.  However, there is no evidence or official documentation to corroborate his contention.  In addition, the applicant did not indicate the type of missions he flew.  The award of the Air Medal is not based on flight hours alone.  The award of the Air Medal is based on the category of the missions and accrual of a minimum of hours of flight time.

3.  There is no available evidence or official documentation showing the categories of the missions or the number of hours flown by the applicant.  Therefore, there is insufficient evidence upon which to base award of the Air Medal in this case.

4.  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 that requirement.

5.  While the available evidence is insufficient for awarding the applicant an Air Medal this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his/her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____x___  _____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his/her service in arms.



      ___________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)                                         AR20090003470



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ABCMR Record of Proceedings (cont)                                         AR20090003470



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