IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110006647
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 the Social Security Number (SSN) on his citation and certificate awarding him the Air Medal (1st thru 4th Award).
2. The applicant states the SSN on the citation and certificate awarding him the Air Medal (1st thru 4th Award) is off by one digit.
3. The applicant provides a copy of the certificate and citation for the Air Medal (1st thru 4th Award).
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, and 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 enlisted in the Regular Army on 11 September 1970. He was awarded military occupational specialty 67N (Utility Helicopter Repairman). The highest rank that he attained while serving on active duty was staff sergeant/E-6.
3. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) lists the Air Medal once. The annotation does not include the number of awards, the dates received, or an order number.
4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Air Medal (1st thru 4th Award).
5. The available evidence does not contain orders, a citation, certificate, or a record of flight missions authorizing award of the Air Medal (1st thru 4th Award).
6. The applicant provided a copy of a certificate and citation for the Air Medal (1st thru 4th Award). The SSN on the documents provided by the applicant differs from his SSN of record by one digit.
7. A 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 Military Awards Branch of the U.S. Army Human Resources Command failed to reveal any orders for the Air Medal
(1st thru 4th Award).
8. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R. The recommendation for award must also have stated that the individual met the required number of missions and hours for award of the Air Medal; that the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident; and that the individuals accomplishments and service throughout the period have reflected meritorious.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the SSN on the citation and certificate awarding him the Air Medal (1st thru 4th Award) has been carefully considered.
2. The applicant's records do not contain, nor has the applicant provided, orders awarding him the Air Medal (1st thru 4th Award).
3. There is no evidence showing flight hours in the applicant's records.
4. ADCARS failed to reveal orders awarding the applicant the Air Medal (1st thru 4th Award).
5. The certificate and the citation the applicant provided list the incorrect SSN; however, it would be inappropriate to correct these documents without evidence he received these awards.
6. Unfortunately, there is insufficient evidence to grant the applicant's requested relief.
7. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant 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) AR20110006647
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ABCMR Record of Proceedings (cont) AR20110006647
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