IN THE CASE OF:	  

		BOARD DATE:	      25 AUGUST 2009

		DOCKET NUMBER:  AR20090005839 


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.

2.  The applicant states that he wishes to be awarded the Air Medal because he served as a gunner.  He worked in Vietnam as a gunner on a Huey Helicopter while serving with the 119th Aviation Company.  This is very important to him and for his family history.

3.  In support of his application, the applicant provides copies of four DA Forms 2139 (Military Pay Voucher) for the pay periods 1-31 March, 1-30 April, 
1-31 May, and 1-30 June 1965.  

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 show that he enlisted in the Regular Army on 1 April 1963.  He completed training in military occupational specialty 11B, Light Weapons Infantryman.  

3.  The applicant was honorably released from active duty on 26 February 1966 as an overseas returnee and was transferred to the United States Army Reserve Control Group (Reinforcement).

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  The Air Medal and other awards are not shown on his DD Form 214. 

5.  There is no evidence in the applicant's records he was recommended for award of the Air Medal.

6.  The Military Pay Vouchers the applicant submitted show he was paid non-crew member flight pay and that he was meeting or met flight requirements for the months of February through June 1965.  The DA Form 2139 for the pay period 1-30 April 1965 shows he accumulated 4 hours flight time for the months of February, March, and April 1965.  No additional flight time can be verified.

7.  A copy of a flight record showing the actual number of hours of flight time and the type of flight (combat assault, combat support, or support) time he accumulated is not on file in the applicant's record.

8.  Based on his previous request to the ABCMR and submission of the same four DA Forms 2139, the applicant was issued a DD Form 215 (Correction to DD Form 214), dated 9 February 2009, which added the Vietnam Service Medal with two bronze service stars, the National Defense Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Item 26, of his DD Form 214, dated 26 February 1966.  In addition, Item 32 (Remarks) was amended to add the following entry, "Service in Vietnam from 23 February through 10 June 1965."  The DD Form 215 was forwarded to the applicant's last known address which was given on his original DD Form 214, Sanger (Fresno), California.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's unit and for the time frame the applicant served in Vietnam was conducted.  This review failed to show that orders were published or other evidence to indicate authorization for award of the Air Medal to the applicant.


10.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  That regulation authorized award of the Air Medal for single acts of achievement or heroism and for sustained operational activities against an armed enemy while participating in aerial flight.  Individuals (aircraft crews and non-crew members) who traveled by aircraft from point to point for the purpose of participating in combat assault were eligible for the award of the Air medal for achievement after completion of 25 assault missions.  Commanders would insure that an individual recommended for award of the Air Medal for sustained operations had completed a minimum of 25 hours of flight time while engaged in combat assault missions, a minimum of 50 hours of flight time while engaged in combat support missions, and 100 hours of flight time while engaged in support missions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to award of the Air Medal and to have this award added to his DD Form 214.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  Available service records give no indication that the applicant was authorized or recommended for this award.

3.  The documents provided by the applicant were considered; however, there is no indication the applicant met the established criteria for the amount of flight time or the number of missions required for award of the Air Medal.  Therefore, based on the overall merits of the case, including the submissions, there is an insufficient basis upon which to grant 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.




      _______ _   _XXX______   ___
               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)                                         AR20090005839



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ABCMR Record of Proceedings (cont)                                         AR20090005839


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