IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090004428
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, in effect, that the dates on his Air Medal certificate be corrected.
2. The applicant states that the dates on the Air Medal certificate do not reflect the correct time frame for the award. He states that his former commander served in that position [in Vietnam] until 1965 and his former crew chief flew with him at the Battle of Dong Xoai from 10 to 13 June [1965].
3. The applicant provides a copy of his Air Medal certificate, dated 2 February 1999; two DD Forms 215 (Correction DD Form 214 (Certificate of Release or Discharge from Active Duty)); a letter, dated 19 November 1996, from a former crew chief; a letter, dated 27 December 1996, from his former commanding officer; his letter, dated 23 March 2001, addressed to the Military Awards Branch; a response letter, dated 30 November 2001, from the Military Awards Branch; a letter of commendation, dated 17 June 1965; and general orders, dated 9 November 1966, for award of the Distinguished Unit Citation 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 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 enlisted in the Regular Army on 4 May 1964. At the completion of the required training he was awarded military occupational specialty 63C (track vehicle mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 September 1964 to 14 September 1965 with the 120th Aviation Company.
4. The applicant provided a letter of commendation, dated 17 June 1965, from the commanding general of U.S. Military Assistance Command, Vietnam. In this letter, the commanding general commended the officers and men of the 145th Aviation Battalion and attached helicopter units for their service during the battle in the Dong Xoai area. The commanding general noted that during the period 10 through 13 June aircrafts of the 145th flew some 2700 sorties in support of operations at Dong Xoai.
5. The applicant was released from active duty on 3 May 1967.
6. The applicant was issued an award certificate on 2 February 1999 for award of the Air Medal. This certificate shows the period of service as "September 1964 to April 1965 in the Republic of Vietnam."
7. There are no orders available which indicate the dates of service for award of the Air Medal. There are no flight hours recorded in the applicants personnel records.
8. The applicant provided a letter from his former commanding officer of the 120th Aviation Company, 145th Combat Aviation Battalion, in Vietnam. The commanding officer stated the applicant served under his command from September 1964 until his departure from Vietnam in April 1965. During this time the applicant participated in frequent aerial flights as a helicopter crew member (door gunner).
9. The applicant also provided a letter from a former crew chief with the 120th Aviation Company, 145th Aviation Battalion, Ton Son Nhut Airbase Saigon, Vietnam. He stated that the applicant flew with him on many occasions as a door gunner and he also flew as a gunner at Dong Xoai. This letter does not mention the dates of the applicant's flight missions.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the dates on the Air Medal certificate do not reflect the correct time frame for the award.
2. There are no flight records available which indicate the dates the applicant participated in aerial flights during his tour in Vietnam.
3. In the absence of evidence to the contrary, it presumed that the dates on the applicant's Air Medal certificate are correct. Therefore, there is insufficient evidence on which to base correction of the dates on the applicant's Air Medal certificate.
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) AR20090004428
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ABCMR Record of Proceedings (cont) AR20090004428
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