BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100009782 


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 he was awarded five Air Medals.

2.  The applicant states he would like award of the five Air Medals he was recommended for on 16 January 1974 by his former commanding officer.

3.  The applicant provides copies of three letters from his former company commander recommending the requested awards.

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 show he enlisted in the Regular Army on 26 August 1969.  He completed initial entry training and was awarded the military occupational specialty of light weapons infantryman.  The highest pay grade he attained was E-5.

3.  He was released from active duty on 28 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  On 17 September 1973 he again enlisted in the Regular Army.

4.  His DA Form 20 (Enlisted Qualification Record) shows that while he was in Vietnam he was assigned to Company G, 75th Infantry (Rangers), with principal duty as a rifleman during the period 14 August 1970 to 11 March 1971 and with Company A, 123d Aviation Battalion, with principal duty as a door gunner during the period 12 March 1971 to 24 July 1971.

5.  An unsigned letter, dated 16 January 1974, subject:  Recommendation for Award, indicates the applicant's former company commander is recommending that he be awarded five Air Medals.  The letter states the applicant was assigned to his unit as a door gunner and flew combat missions in direct combat support to American and Vietnamese units fighting in the Republic of Vietnam.  The document states that by virtue of participating as a crewmember (door gunner) performing direct combat support for 285 hours of flying time, the applicant qualified for five Air Medals and indicates the applicant stated he was recommended for these awards.

6.  He was issued a general discharge from active duty on 5 April 1976 after completing 5 years and 23 days of creditable active service.  He also completed 1 year, 6 months, and 20 days of inactive service.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 April 1976 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, Army Good Conduct Medal, Aircraft Crewman Badge, and Army Commendation Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 is required.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal for aircraft crewmembers, based on sustained operations, as 25 category I missions and a minimum of 25 hours of flight time engaged in category I missions (air assault and equally dangerous missions), 50 category II missions and accrual of a minimum of 50 hours of flight time engaged in category II missions (support rendered a friendly force immediately before, during or following a combat operation), or 100 category III missions and a minimum of 100 hours of flight time engaged in category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was recommended for award of five Air Medals and provided an unsigned recommendation from his former company commander supporting these awards.  The commander's recommendation was dated more than 2 years after the applicant departed from Vietnam.

2.  While the applicant's commander states the applicant had 285 hours of flying time, without a flight record to confirm this statement there is insufficient evidence in which to grant the applicant's request.  In addition, Air Medals for sustained operations are based on the types and number of missions flown, as well as flight hours.  There is no record of how many missions the applicant flew or the types of missions he flew.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100009782



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100009