IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110012078 


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 award of the Bronze Star Medal with "V" Device and Air Medal.

2.  The applicant states he was told he should have received a Bronze Star Medal for valor when he received the Purple Heart.  He adds that he never received the Air Medal for his flight time in Vietnam and Cambodia.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 20 March 1969.  Upon completion of training, he was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice) with helicopter door gunner qualification.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  service in Vietnam beginning 22 May 1970;

	b.  item 38 (Record of Assignments):

		(1)  service in duty MOS 67A1F (Door Gunner) while assigned to the 116th Aviation Company (Assault Helicopter) from 27 May through 28 July 1970 and

		(2)  he was a patient and assigned to the Medical Holding Company, 249th General Hospital, U.S. Army Vietnam, from 29 July to 19 August 1970; and

   c.  item 41 (Awards and Decorations):  no entry for the Bronze Star Medal with or without "V" Device or the Air Medal.

4.  His DD Form 214 shows he entered active duty on 20 March 1969, he was honorably released from active duty on 4 January 1972, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 9 months, and 15 days of active service that included 3 months in Vietnam.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214), dated 2 March 2000, shows the National Defense Service Medal, Aircraft Crewman Badge, Vietnam Service Medal with two bronze service stars, Army Good Conduct Medal (1st Award), Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  A review of the applicant's military records failed to reveal any flight records.

6.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Bronze Star Medal with or without the "V" Device or the Air Medal.

7.  A 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 any orders for the Bronze Star Medal or Air Medal pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  A bronze "V" Device indicates an act of heroism involving conflict with an armed enemy.

	b.  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.

	c.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was awarded the Bronze Star Medal with "V" Device and Air Medal because he should have received a Bronze Star Medal for valor when he received the Purple Heart and he never received the Air Medal for his flight time in Vietnam and Cambodia.

2.  The applicant's claim was carefully considered.

	a.  The sincerity of the applicant's comments is not in question.  However, there are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal with "V" Device or the Air Medal, or that he was recommended for either of these awards.

	b.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal with "V" Device or the Air Medal.

3.  While the available evidence is insufficient for correcting the applicant's records to show a Bronze Star Medal with "V" Device or an Air Medal, this in no way affects his right to pursue his claim for the awards 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:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110012078



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ABCMR Record of Proceedings (cont)                                         AR20110012078



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