IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100015660 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 March 1985 to show award of more than one Air Medal.

2.  He states he was an aircraft crewmember on both UH-1D (Huey) and UH-1C (Huey Gunship) aircraft while serving in the Republic of Vietnam.  He contends he flew a minimum of 5 to 13 hours a day for a period of 9 months and received flight pay so, a review of his finance pay records should resolve this issue.  He was recently diagnosed with Post Traumatic Stress Disorder and the Department of Veterans Affairs has refused to honor his claim as combat service connected.

3.  He does not provide any additional documentary evidence, but reiterates a review of his finance record will support his flight pay status.

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 records show he enlisted in the Regular Army on 13 November 1967.  He completed initial entry training and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).  He served continuously through a series of immediate reenlistments until he was honorably discharged on 5 March 1985.  The highest rank/pay grade he attained while serving was staff sergeant/E-6.

3.  His records show he served in the Republic of Vietnam (RVN) from 10 September 1968 through 29 March 1970.  Item 35 (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows while serving in the RVN his duty assignments were as follows:

* 13 September 1968 through 21 January 1969 in Duty MOS (DMOS) 67N as a Helicopter Repairman with the 391st Transportation Detachment
* 22 January 1969 through 24 April 1969 in DMOS 67N as a Crew Chief with the 68th Assault Helicopter Company
* 25 April 1969 through 7 June 1969 in DMOS 67N as a Helicopter Repairman with the 68th Assault Helicopter Company
* 8 June 1969 through 15 December 1969 in DMOS 00J as a Club Manager with Headquarters and Headquarters Company (HHC), 145th Combat Aviation Battalion
* 16 December 1969 through 19 January 1970 in DMOS 67N as a Crew Chief with the 68th Assault Helicopter Company
* 20 January 1970 through 29 March 1970 in DMOS 11B as a Security Guard with HHC, 145th Security Detachment

4.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows award of one Air Medal.  Item 33 of this form shows he reviewed this document on 23 July 1984 and he authenticated it with his signature in Item 34.

5.  He was honorably discharged for the purpose of immediate reenlistment on 24 June 1974 and 27 June 1979, respectively.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Forms 214 he was issued at the time of each discharge shows award of one Air Medal.  He reviewed each of these documents for administrative accuracy and authenticated them with his signature.

6.  On 5 March 1985, he was honorably discharged for the final time.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service) of the DD Form 214 he was issued at the time shows award of one Air Medal.  He reviewed this document for administrative accuracy and authenticated it with his signature.

7.  There are no orders or other documents in his records that show he was either recommended for award or awarded more than one Air Medal.

8.  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 United States Army Human Resources Command, failed to reveal any orders for additional Air Medals.

9.  His available record is void and he has not provided any documentation showing the number, type, and duration of flight missions he participated in while serving in the RVN.

10.  Army Regulation 600-8-22 (Military Awards) provides for 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.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) also provided guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 5 March 1985 to show award of more than one Air Medal was carefully considered and determined to be without merit.

2.  There are no general orders available that show the applicant was awarded more than one Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.

3.  His MOS and duties are duly noted.  However, his available record is void and he has not provided any documentation showing the number, type, and duration of flight missions he participated in while serving in the RVN.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20100015660





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ABCMR Record of Proceedings (cont)                                         AR20100015660



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