IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100011527 


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 additional awards of the Air Medal.  

2.  The applicant states his first Air Medal covered the period 30 July to             15 August 1970 and that he continued to fly a UH-1H Military Ambulance from July 1970 to July 1971.  He further states that he tried to retrieve his flight records and he was told they were no longer available.  He states he never received the additional Air Medals that he should have received.

3.  The applicant provides:
 
* Citation for the Air Medal
* General Orders Number 1855 (Army Commendation Medal)
* Special Orders Number 011 (Extract) (Aircraft Crewman Badge)
* Two endorsements to a Letter of Commendation
* Photocopy of an extract of his DA Form 20 (Enlisted Qualification Record)

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
29 December 1969.  He completed initial entry training and was awarded the military occupational specialty of helicopter repairman.  He reenlisted and served until 6 October 1977.  The highest enlisted pay grade he held was E-6.

3.  He was discharged on 6 October 1977 to accept an appointment as a warrant officer on 7 October 1977.  He attained the rank of chief warrant officer two.

4.  A DD Form 214 covering the period 18 August 1972 to 6 October 1977 shows he was awarded the Air Medal. 

5.  His DA Form 20 shows he served in Vietnam during the period 15 July 1970 to 14 July 1971.  This form also shows the initial award of the Air Medal.

6.  His latest DD Form 214 shows he completed a total of 13 years, 9 months, and 29 days of creditable active service including his enlisted service.  

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the Air Medal.

8.  His available records contain no flight logs or other documents showing how many or what categories of missions he flew.

9.  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.  As with all personal decorations, formal recommendations, 


approval through the chain of command, and announcement in orders is required.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point:  

	a.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	b.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he continuously flew a military ambulance for approximately 1 year.  Regrettably, there are no flight logs or other evidence in his available records or provided by him to verify the number by categories of any missions he flew while serving in Vietnam.  As such, there is insufficient evidence upon which to base award of any additional Air Medals.

2.  In view of the foregoing, there is no basis to grant 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)                                         AR20100011527



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ABCMR Record of Proceedings (cont)                                         AR20100011527



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