IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20100000095
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 the Air Medal.
2. The applicant states he was awarded the Air Medal on 20 October 1969. He states it was not put on his DD Form 214 at the time of his discharge. He further states the Department of Veterans Affairs pointed out the omission while he was filing a claim for Post Traumatic Stress Disorder (PTSD).
3. The applicant provides a copy of an Air Medal certificate and a copy of the 101st Airborne Division citation for the award.
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 24 November 1967 for a period of 3 years. He was trained in and awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic). He reenlisted on 31 August 1968 for an additional 3 years.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from
7 November 1968 through 6 November 1969. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company (HHC), 160th Aviation Group and later assigned to Battery A, 44th Battalion, 77th Artillery, 101st Airborne Division.
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, Army Commendation Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), 2 overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar for both the M-14 and M-16 rifles.
5. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Air Medal pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations. Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R. The recommendation for award must also have stated that the individual met the required number of missions and hours for award of the Air Medal; that the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident; and that the
individuals accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit.
DISCUSSION AND CONCLUSIONS:
The applicant's request to have the Air Medal added to his DD Form 214 was carefully considered; however, there is no evidence in the available records and the applicant has not provided any evidence which shows he was awarded the Air Medal by official orders. Absent such evidence, there is no basis to grant the applicant's requested relief.
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) AR20100000095
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000095
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