IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090013716 


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 military records to show award of the Air Medal.

2.  The applicant states that he served as a medic and he had completed more than 300 air missions.

3.  The applicant provides no additional documents 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.  At the time of his application, the applicant was retired from the Regular Army (RA) as a sergeant first class (SFC), pay grade E-7.

3.  On 1 December 1948, the applicant enlisted in the RA for 3 years.  He served through a series of reenlistments and he was retired due to length of service on 31 December 1968.  He had completed 20 years and 25 days of creditable active duty service.

4.  DA AGO Form 20 (Soldier's Qualification Card) indicates that the applicant was awarded military occupational specialty (MOS) 5657 (Medical Corpsman) in January 1950.  He was subsequently assigned to Camp Rucker, AL, for duty in MOS 5657.

5.  DA Form 24 (Service Record) indicates that the applicant served in the Republic of Korea from 6 January 1952 to 22 November 1952, as a medical specialist.  He also served with the 98th General Hospital in the Federal Republic of Germany from 22 March 1955 to 19 February 1958.

6.  DA Form 20 (Enlisted Qualification Record) indicates that the applicant served as a medical specialist advisor with the United States Military Assistance Command in the Republic of Vietnam from 14 December 1965 to 6 December 1966.

7. 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) for the period ending 27 January 1961, as corrected by DD Form 215 (Correction to
DD Form 214), dated 2 August 1962, lists his awards as the Combat Infantryman Badge, Korean Service Medal, Medical Badge (sic), United Nations Service Medal, Army of Occupation Medal with Germany Clasp, National Defense Service Medal, and the Army Good Conduct Medal.  It does not show award of the Air Medal.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 31 January 1967 lists his awards as the Bronze Star Medal, (Republic of) Vietnam  Campaign Medal, and the Vietnam Service Medal.  It does not show award of the Air Medal.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 31 December 1968 lists his awards as the Army Good Conduct Medal (Third Award).  It does not show award of the Air Medal.

10.  Review of the applicant's available records failed to find any evidence showing that he had participated in any aerial flight missions.
11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Air Medal.

2.  There is no evidence of record showing that the applicant had participated in any aerial flight missions that would have qualified for award of the Air Medal.

3.  In view of the above, the applicant's request should be denied.

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)                                         AR20090013716



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013716



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1