BOARD DATE: BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110006668
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 for service during the Vietnam War.
2. The applicant states:
* he served in Vietnam with Company F, Long Range Patrol (LRP), 51st Infantry (Airborne) and Company D, LRP, 151st Infantry (Ranger) during April 1968 through April 1969
* the 195th Assault Helicopter Company (AHC) provided regular and frequent flying for him and took him in air-land assaults against the armed enemy
* all of his missions required the use of a helicopter
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 30 August 1967. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 13 April 1968 and was assigned to Company F, LRP, 51st Infantry (Airborne). He was assigned to Company D, LRP, 151st Infantry (Ranger) on 13 January 1969.
4. The applicant departed Vietnam en-route to the U.S. on 8 April 1969. He was released from active duty on 28 August 1970 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Valorous Unit Award
* Good Conduct Medal
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Vietnam Campaign Medal with Device (1960)
6. There are no orders in the applicants record awarding him the Air Medal
7. 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Air Medal.
8. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. There is no evidence in the available record that shows he is authorized the Air Medal.
2. The governing regulation states that personal decorations (which includes the Air Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. Regrettably, in the absence of evidence showing he met the eligibility criteria or award of the Air Medal (i.e., number/types of missions), there is insufficient evidence to correct his records to award him the Air Medal.
3. In view of the foregoing, his request should be denied.
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) AR20110006668
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ABCMR Record of Proceedings (cont) AR20110006668
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