IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007432 


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 award of the Air Medal with clusters and an Air Observer Badge or a Bronze Star Medal with “V” Device.

2.  He states he was erroneously/unjustly not awarded an Air Medal with clusters and an Air Observer Badge or a Bronze Star Medal with “V” Device for his duties as a section chief of the Air Photo Interpretation Section of the 2nd Infantry Division.

	a.  Part of the duties he performed were low level flights, while under fire, taking ground level photographs behind enemy lines.  They were not getting air photographs from the Air Force with enough detail, so he volunteered for hazardous duty to fly as an air observer in light aircraft and took ground level photographs.  On every mission, they drew fire and the plane did get hit more than once.  He received a commendation medal for his efforts (not even a “V” for valor - how demeaning) and the citation mentioned his low level flights and exposure to enemy fire.

	b.  He thinks he rates at least one Air Medal (and maybe clusters) for his non-event missions which should be accompanied by an Air Observer Badge.  The description of the criteria for an Air Medal is met by the write-up for his commendation medal.  A Bronze Star Medal may also be warranted since they drew enemy fire on every mission.

3.  He provides copies of a Citation for the Commendation Ribbon with Metal Pendant, his DD Form 214 (Report of Separation from the Armed Forces of the United States), and his self-authored Military History Supplement.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  His available records show he was inducted into the Army of the United States in pay grade E-1 on 8 June 1951.  He completed training in military occupational specialty 1890 (Photo Interpreter).

4.  His available records contain General Orders Number 122, issued by Headquarters, 2nd Infantry Division [Korea], dated 14 April 1953, awarding him the Commendation Ribbon with Metal Pendant for meritorious service from 17 April 1952 to 14 April 1953.

5.  He provides a copy of a Citation for the Commendation Ribbon with Metal Pendant he received for meritorious service as Chief, Photo Interpreter from 17 April 1952 to 14 April 1953.

6.  He was honorably released from active duty on 22 May 1953, prior to the expiration of his term of service, and he was transferred to the Enlisted Reserve Corps to complete his remaining Reserve obligation.


7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with three bronze service stars, United Nations Service Medal, and the Commendation Ribbon.

8.  There are no orders in the applicant's records awarding him the Air Medal or evidence he served as a crewmember or non-crewmember on flying status while in Korea.  There are also no orders awarding him the Bronze Star Medal with “V” Device.

9.  Army Regulation 600-8-22 (Military Awards), specifies 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.

10.  Army Regulation 600-8-22 also specifies 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.

11.  Army Regulation 600-8-22 provides the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Air Medal.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.

12.  Observer Badge (Wikipedia) is a military badge of the Army Air Forces mainly awarded to gunners, spotters, and navigators dating to World War I.  With the creation of the United States Air Force in 1947, aviation observers were phased out and replaced by more highly trained specialists known are Aircrew members.  The Observer Badge is not listed in Army Regulation 600-8-22.

13.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in 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.

14.  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:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  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.  In view of the circumstances in this case, the applicant is not entitled to award of the Air Medal with clusters and an Air Observer Badge or a Bronze Star Medal with “V” Device and to have these awards added to his DD Form 214.  The applicant has not shown error, injustice, or inequity for the relief he now requests.

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 and Bronze Star Medal.  Regrettably, after 50 years the available service records give no indication that he was recommended for or awarded either medal.

3.  The Observer Badge is not listed in Army Regulation 600-8-22.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

4.  The documents provided by him were considered; however, the overall merits of the case including the submissions are insufficient as a basis to grant his request.

5.  While the available evidence is insufficient for awarding the applicant the Air Medal or a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal or a Bronze Star 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)                                         AR20100007432



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)