IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090017184 


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 records to show five awards of the Air Medal.

2.  The applicant states he was assigned to Company B, 101st Aviation Battalion (Assault Helicopter) (Airmobile), 101st Airborne Division, in the Republic of Vietnam (RVN).  He received five awards of the Air Medal, including one for heroism; however, the awards are not recorded on his separation document.  

3.  The applicant provides no additional documentary evidence 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 was inducted into the U.S. Army for a period of 2 years on
10 July 1970.  Upon completion of training he was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item
41 (Awards and Decorations) the National Defense Service Medal, Good Conduct Medal, Air Medal, Aircraft Crewman Badge, 1 Overseas Service Bar, Republic of Vietnam Campaign Medal, Vietnam Service Medal with 2 bronze service stars, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  Headquarters, 101st Airborne Division (Airmobile) [RVN], General Orders Number 8400, dated 10 August 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from
10 - 13 May 1971.

5.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded more than one Air Medal.

6.  A search of the U.S. Army Human Resources Command (USA HRC) Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders showing the applicant was awarded more than one Air Medal.

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
25 April 1972 and transferred to an Army National Guard unit to complete his Reserve obligation.  At the time he had completed 1 year, 9 months, and 16 days of net active service and 9 months and 18 days of foreign service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Good Conduct Medal, Air Medal, Aircraft Crewman Badge, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, 1 Overseas Service Bar, Republic of Vietnam Campaign Medal, and Vietnam Service Medal with
2 bronze service stars.

   b.  Item 30 (Remarks) shows he served in the RVN from 18 April 1971 to
5 February 1972.



8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command." As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  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.

   c.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.
   
   d.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy.  The bronze "V" Device is authorized in conjunction with awards of the Air Medal.

   e.  Pursuant to Title 10, U.S. Code, section 1130, a Member of Congress may request consideration of a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under Title 10, U.S. Code, section 1130.

	f.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the
DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show five awards of the Air Medal, including one Air Medal with "V" Device for heroism, because he was decorated with the awards while serving in the RVN.

2.  General orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 10 - 13 May 1971.  This award is recorded in the applicant's military personnel records and on his DD Form 214.

3.  There is no evidence in the applicant's military personnel records that shows he was recommended for, or awarded, more than one Air Medal.  A search of the USA HRC ADCARS failed to produce orders pertaining to any additional awards of the Air Medal to the applicant.

4.  The sincerity of the comments offered by the applicant is not in question. However, the Military Awards regulation is clear in that announcement of personal decorations in orders is required.  The evidence of record fails to satisfy this requirement.  Therefore, there is insufficient evidence to support the applicant's contention.

5.  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 this requirement.

6.  While the available evidence is insufficient for awarding the applicant additional awards of the Air Medal, this in no way affects the applicant's right to pursue his claim for an award 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:

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 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)                                         AR20090017184



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ABCMR Record of Proceedings (cont)                                         AR20090017184



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