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Decision Text

ARMY | BCMR | CY2010 | 20100025588
Original file (20100025588.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025588 


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 reconsideration of his earlier request for the Air Medal (AM).

2.  The applicant states he believes the AM is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) because he was wounded in the line of duty in the Republic of Vietnam (RVN).  He was evacuated to Japan and subsequently to Walter Reed Army Medical Center (WRAMC), Washington, DC.

3.  The applicant provides:

* AM certificate and citation for meritorious achievement on 4 August 1968
* A letter from the Huntington County Veterans Service Office, Huntington, IN

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090011487 on 8 December 2009.



2.  The applicant's records show he was inducted into the Army of the United States on 12 December 1967.  He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 13 July to 17 August 1968, at which time he was evacuated to WRAMC in a patient status.

3.  He was honorably released from active duty on 28 January 1970 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* RVN Campaign Medal

5.  His service records do not contain orders awarding him the AM.

6.  The applicant provides a citation and certificate which indicates he was awarded the AM for meritorious achievement while participating in an aerial combat assault in the RVN on 4 August 1968.  The AM certificate which shows he was issued this award on 3 February 1969.

7.  The Awards and Decorations Computer Assisted Retrieval System 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 AM orders for the applicant.

8.  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.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM.  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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.  

DISCUSSION AND CONCLUSIONS:

There are no general orders available that show the applicant was awarded the AM.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the AM.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the AM, the evidence he provides is not sufficient to correct his DD Form 214 to show award of the AM.  The documents he provided cannot be corroborated in the absence of orders.  If he can provide AM orders, he may apply for reconsideration.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090011487 dated 8 December 2009.




      ___________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)                                         AR20100025588



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ABCMR Record of Proceedings (cont)                                         AR20100025588



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