BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100000842 


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, in effect, award of the Air Medal with Numeral 8 or 9.

2.  He states, in effect, he was awarded the Air Medal with Numeral 7 to indicate the Air Medal with six oak leaf clusters (OLCs).  He requests his combat duties from 11 February 1964 to 22 May 1964 be recognized as he figures he had about 25-30 combat missions for each from 11 February to 11 March, 11 March to 11 April, and 11 April to 22 May 1964.  He should receive at least one more OLC for this combat duty, but he thinks 2 additional OLCs would be appropriate.

3.  The applicant provides a copy of the following documents:

* DA Form 2139 (Military Pay Voucher) for the period 1-25 May 1964
* DA Form 24 (Service Record), page 2 (Section 2 - Chronological Record of Military Service)
* citation for the Air Medal (sixth OLC) for the period 19 January 1964 to
11 February 1964
* a letter from the Chief, Case Management Division, Army Review Boards Agency (ARBA), dated 17 August 2009 and his 23 December 2009 reply.

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.  His military records show he was inducted into the Army of the United States on 20 August 1962.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 67S (Single Rotor Helicopter Mechanic).  During his tour of duty in Vietnam his was assigned to:

* the 119th Aviation Company from 5 September 1963 to 5 December 1963
* Headquarters and Headquarters Company, 52nd Aviation Battalion from
6 December 1963 to 10 February 1964
* the 119th Aviation Company from 11 February 1964 to 22 May 1964.

3.  He provides a copy of a DA Form 2139, dated 25 May 1964, which shows he received hostile fire pay for April and May 1964.  The form also shows he received flight crewman proficiency pay for the period 1-25 May 1964.  

4.  His records contain the following general orders pertaining to the Air Medal:

* General Orders Number 325, issued by Headquarters, U.S. Army Support Command, Vietnam, dated 8 June 1964, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 13 August 1963 to 22 September 1963

* General Orders Number 408, issued by the same headquarters, dated
16 July 1964, awarding him the Air Medal with fifth OLC, for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 23 September 1963 to 18 January 1964

* General Orders Number 432, issued by the same headquarters, dated
28 July 1964, awarding him the Air Medal with sixth OLC, for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 19 January 1964 to 11 February 1964.

5.  There are no orders or citations in his records awarding him the Air Medal with seventh or eighth OLC or evidence of record that supports his request for those awards for the period April to May 1964.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Air Medal with seventh or eighth OLC.

6.  He was honorably released from active duty on 25 May 1964, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Remaining Reserve obligation.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Armed Forces Expeditionary Medal.

8.  On 21 November 2006, he was issued a DD Form 215 (Correction to
DD Form 214) deleting the Armed Forces Expeditionary Medal and adding to item 26 of his DD Form 214 for the period ending 25 May 1964 the Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, Air Medal with Numeral 7 (formerly known as the Air Medal with six OLCs), Republic of Vietnam Gallantry Cross with Palm Unit Citation, National Defense Service Medal, and the Vietnam Service Medal with 1 bronze service star.  It also added to item 32 (Remarks) of his DD Form 214 his period of service in Vietnam.

9.  In a letter, dated 17 August 2009, ARBA advised him that administrative action had already been taken in his case pertaining to correction to his DD Form 214 to show award of the Air Medal with Numeral 7.  In his response, dated 23 December 2009, that applicant and a County Veterans Service Officer, Washington County, Hillsboro, OR, stated they were not sufficiently explicit in their request, which was actually that the applicant be awarded a seventh or eighth OLC.  They asked for recognition of the applicant’s combat missions from 11 February 1964 to 22 May 1964 by awarding him at least one (but requesting two) additional OLCs, yielding a total of seven or eight OLCs.

10.  Army Regulation 600-8-22 (Military Awards), then in effect, specified the Air Medal was awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award was primarily intended for personnel on flying status, but could also be awarded to those personnel whose combat duties required 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 were required.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, there is insufficient evidence to award the applicant the Air Medal with Numeral 8 or 9 and to have it added to his DD Form 214.

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.  His service records give no indication he was recommended for awarded any Air Medals for the period April to May 1964.

3.  The documents provided by the applicant were considered.  However, the overall merits of the case, including the submissions, are insufficient as a basis to grant his request.

4.  In order to justify correction of a military record, he must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He has failed to submit evidence that would satisfy this requirement.  

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)                                         AR20100000842



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)