BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110004313 


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 award of the Air Medal.

2.  He states:

	a.  He should be awarded the Air Medal for participating in several combat operations (Air Mobile) in Vietnam for insertions and extractions by helicopter in a combat zone from December 1968 to 13 June 1969.

	b.  He was assigned to Company B, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division from December 1968 to 13 June 1969 when he was wounded in action.

	c.  His unit was a mobile force that performed operations on boats and by air.

	d.  His military occupational specialty (MOS) was 11B (Light Weapons Infantryman).

	e.  He wishes to leave the Air Medal to his sons and grandchildren in the future.

3.  He provides his DD Form 214 in support of his application.


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 was inducted into the Army of the United States on 26 June 1968.  He completed basic combat and advanced individual training and he was awarded MOS 11B.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 10 December 1968 to 22 June 1969
* item 38 (Record of Assignments) he was assigned to Company B, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division as a Rifleman and a Light Weapons Infantryman
* item 41 (Awards and Decorations) no award of the Air Medal

4.  His service record does not contain any flight records or orders for award of the Air Medal.

5.  He was honorably released from active duty on 25 June 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (SUAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations. Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not show award of the Air Medal.

6.  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 orders for the Air Medal pertaining to the applicant.


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

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.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record does not contain and he has not provided any flight records.

2.  In the absence of sufficient evidence, there is no basis for granting the applicant's request.


3.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects his right to pursue his claim for 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 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)                                         AR20110004313



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ABCMR Record of Proceedings (cont)                                         AR20110004313



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