BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100009928 


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 that he be awarded the Bronze Star Medal with "V" Device and an Air Medal.

2.  The applicant states he served in Vietnam as a door gunner and was told that for every 20 hours of flight in a combat zone he would earn an Air Medal.  He was told that he had been recommended for the Bronze Star Medal with "V" Device and the Air Medal, but the paperwork had not caught up with him before he left Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 12 July 1968, completed training, and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  He served in Vietnam with Company A, 229th Aviation Battalion, 1st Air Cavalry Division, from 15 January 1969 through 6 January 1970 as a helicopter repairman.

4.  The applicant was honorably released from active duty on 9 July 1971.

5.  The applicant's record shows he was authorized and/or awarded or may be authorized and/or awarded the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Not all of these awards are listed on his DD Form 214.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal with or without "V" Device or the Air Medal.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	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.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

	d.  All personal decorations must be recommended through the formal process, approved through the chain of command, and announced in orders.

8.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for award of or upgrade of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Vietnam as a door gunner and was told that for every 20 hours of flight in a combat zone he would earn an Air Medal.  He was told that he had been recommended for the Bronze Star Medal with "V" Device and the Air Medal, but the paperwork had not caught up with him before he left Vietnam.

2.  The record does not contain and the applicant has not provided any corroborating documentation to show that he was assigned crewmember status, served as a door gunner, or was recommended for or awarded either the Bronze Star Medal with "V" Device or the Air Medal.  No flight records are available.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal with "V" Device or the Air Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device and the Air 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 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)                                         AR20100009928



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20