IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021025
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal (AM).
2. The applicant states the AM is not listed on his DD Form 214.
3. The applicant provides copies of:
* his DD Form 214
* an AM certificate and citation
* two support statements indicating he served in combat in Vietnam
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 applicants 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 applicants 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 record is not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the documents he has provided.
3. The DD Form 214 he provides shows he was inducted into the Army of the United States on 19 July 1967 and he was honorably released from active duty on 12 July 1969.
a. Item 12 (Last Duty Assignment and Major Command) shows he was assigned to Company A, 4th Battalion (Airborne), 503d Infantry, 173d Airborne Brigade, U.S. Army Vietnam (USARV).
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the AM.
4. The available records do not include orders announcing award of the AM to the applicant.
5. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AM pertaining to the applicant.
6. The certificate and citation he provides indicate he received the AM for meritorious achievement while participating in aerial flight during the period 17 September 1968 to 25 January 1969.
7. Army Regulation 600-8-22 (Military Awards) states the AM 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.
8. USARV Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal. It stated 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. Unfortunately, the available documentation provided by the applicant does not show a proper authority published orders announcing award of the AM to the applicant.
2. In the absence of orders announcing award of the AM to him, there is insufficient basis for adding the award to his DD Form 214.
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) AR20100021025
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ABCMR Record of Proceedings (cont) AR20100021025
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