BOARD DATE:	  27 August 2009

		DOCKET NUMBER:  AR20090005855 


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 Bronze Star Medal with "V" Device and the Air Medal.

2.  The applicant states that he has the Bronze Star Medal with "V" Device but it is not shown on his DD Form 214.  He also states that he was possibly awarded the Air Medal as he was on many helicopter assaults at hot landing zones.

3.  The applicant provides a copy of his DD Form 214, dated 12 October 1967, in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 13 October 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 12 October 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The applicant’s records show that he served in the Republic of Vietnam from on or about 28 December 1965 to on or about 14 December 1966.  He was assigned to Company B and Headquarters and Headquarters Company, 1st Battalion, 35th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Bronze Star Medal with "V" Device and/or the Air Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal with "V" Device and/or the Air Medal.

6.  The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal with "V" Device and/or the Air Medal. 

7.  The applicant's flight record is not available for review with this case. 

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for the Bronze Star Medal with "V" Device and/or Air Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
10.  Army Regulation 600-8-22 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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

12.  Title 10 of the U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a 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.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal with "V" Device and the Air Medal.

2.  With respect to the Bronze Star Medal with "V" Device, there is no evidence in the available records of award of the Bronze Star Medal with "V" Device and the applicant did not provide any evidence that shows he was awarded the Bronze Star Medal with "V" Device.   Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required. 
3.  With respect to award of the Air Medal, there are no general orders that show the applicant was awarded the Air Medal.  In the absence of records or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.  

4.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal with "V" Device and/or the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device and/or the Air Medal by submitting a request through his 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:

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)                                         AR20090005855





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ABCMR Record of Proceedings (cont)                                         AR20090005855



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