IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110014498 


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 with "V" Device, Army Commendation Medal, and Bronze Star Medal.

2.  He states that "administrative prioritizing conducted in consequence of two evaluations under continuous rocket attacks caused the omission of flight records."  They were focusing on flight missions rather than those already completed in classified liaison with the 19th Air Command Squadron at Tan Son Nhut Air Base (Vietnam).  Reference U.S. Air Force (USAF) Document Iris Number 455442 (page 15) was declassified on 13 April 2009.

3.  He is making this appeal on the basis of a letter from the USAF Congressional Liaison Inquiry Division, prior to [going to] the Awards Branch.  He states, in effect, he has reason to believe the USAF's decision was based on erroneous information and information misconstrued by the USAF.

4.  He provides:

* A congratulatory letter to his parents, dated 28 September 1964
* Orders assigning him to the 224th Aviation Battalion, dated 15 January 1968
* Orders assigning him to the 1st Radio Research (RR) Company, dated 9 February 1968
* Orders promoting him to pay grade E-5, dated 20 March 1968
* Declassified History of the 315th Air Commando Wing - January-March 1968
* Certificate of Achievement, dated 1 November 1968
* Letters from the Freedom of Information and Privacy Division, dated 9 June 2005, 25 June 2007, and 4 January 2008
* Letters from the USAF to a Member of Congress, dated 17 July and
29 October 2008
* Letter from the National Archives and Records Administration to a Member of Congress, dated 10 June 2009
* Letter from the Office of the Chief of Legislative Liaison, Army, to a Member of Congress, dated 25 June 2009
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 28 April 2011
* Letters from the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, dated 28 April and 17 May 2011

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers to the applicant.

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's military record shows he enlisted in the Regular Army on 25 June 1964, for 4 years.  He completed training and was awarded military occupational specialty 05H (Morse Interceptor).  

3.  He served in Vietnam from 12 April 1965 through 10 May 1966 and from 10 November 1967 through 18 June 1968.




4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he was assigned to:

* Company A, 8th RR Unit, from 19 April 1965 to 7 May 1966
* 175th RR Company, from 14 November 1967 to 29 January 1968
* Enroute to the 224th Aviation Battalion on 30 January 1968
* 138th Aviation Company (RR), 224th Aviation Battalion, from 7 February to 20 March 1968
* 330th RR Company from 25 March 1968 to on or about 23 June 1968

5.  He provided a declassified copy of the History of the 315th Air Commando Wing which spoke of the unit's authorized aircrafts, mission activities, and special activities.

6.  He was honorably released from active duty on 20 June 1968, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with 3 years, 11 months, and 26 days of net active service and no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Air Medal with "V" Device, Army Commendation Medal, or Bronze Star Medal.

8.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Air Medal with "V" Device, Army Commendation Medal, or Bronze Star Medal.

9.  There are no official orders in his records awarding him the Air Medal or Air Medal with "V" Device.  There is also no evidence available that indicates he served as a crewmember or non-crewmember on flying status while in Vietnam.  

10.  There are no official orders in his military personnel records authorizing him award of the Army Commendation Medal or Bronze Star Medal for meritorious service.

11.  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 HRC, failed to reveal any orders were published authorizing award of the Air Medal with "V" Device, Army Commendation Medal, or Bronze Star Medal.

12.  In letters dated 9 June 2005, 23 May and 25 June 2007, 4 January, 17 July, and 20 October 2008, and 10 and 22 June 2009, the Freedom of Information and Privacy Division, Department of the Air Force, U.S. Army Intelligence and Security Command, National Archives and Records Administration, and the Office of Chief of Legislative Liaison, advised him and a Member of Congress what agencies to submit requests for copies of his records and for award of the Air Medal with "V" Device and Army Commendation Medal. 

13.  In a letter, dated 28 April 2011, the Chief, Awards and Decorations Branch, HRC advised the applicant of the following:

   a.  Upon review of the documentation provided in support of his request, his official military personnel file (OMPF), and the information that was available to that officer, they were unable to locate general orders, flight records, or documentation verifying his entitlement to the Air Medal or Air Medal with "V" Device.
   
   b.  HRC "acknowledged receipt of unofficial flight missions and deployment orders to the 224th Aviation Battalion in Vietnam."  However, they required official documentation, such as general orders assigning him personally to flying duties in Vietnam, DA Form 759-1 (Individual Flight Record and Individual Flight Certificate-Army), or USARV Form 131-R (Awards and Qualification Record) (Air Medal).  Additionally, that office would need verification of the type of combat hours/missions he completed, i.e. either 25 Category I (Combat Assault), 50 Category II (Combat Support) or 100 Category III (Combat Service Support missions.  If he was unable to locate copies of those documents, their office would not be able to make a determination of his entitlement to an award of the Air Medal for his service.

	c.  As noted in their previous correspondences, to be considered for the Air Medal with "V" Device, they require substantive evidence, including an official unit report of the action, an original or reconstructed DA Form 638 (Recommendation for Award) with proposed citation, eyewitness affidavits, narrative and former wartime chain-of-command endorsements.  The DA Form 638 must be signed by someone with personal knowledge of his actions.  If he was unable to obtain former wartime chain-of-command endorsement, he must specifically state the reason in subsequent correspondence.

	d.  In his previous letters he claimed the original DA Form 638 was held with the USAF.  The U.S. Army did not maintain or have access to USAF records.  He was advised to contact the USAF to obtain a copy of the original DA Form 638 and forward those documents to their office for consideration.

	e.  He was also advised to contact the National Archives at College, Park, MD, which was an excellent source of information concerning military units and their history.  He was further advised of his right to appeal to the ABCMR.  The ABCMR would adjudicate each case on its merit and the burden of proof remained with the applicant.

	f.  A thorough review of his OMPF verified his entitlement to the following awards not listed on his DD Form 214:  the Vietnam Service Medal with one silver star and one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar, Meritorious Unit Commendation with two bronze Oak Leaf Clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Navy Unit Commendation.  He was provided a DD Form 215 to reflect these awards.  

14.  In a letter, dated 17 May 2011, HRC, Awards and Decorations Branch, advised the applicant of the following:

	a.  They acknowledged receipt of Special Orders 15, dated 15 January 1968, transferring him to the 224th Aviation Battalion, but unfortunately, that was still not enough information to award the Air Medal.  While those orders assigned him to an aviation unit, they still could not confirm that he participated in actual fight or the number and type of missions.  Without copies of his flight records they could not award him the Air Medal.  He was advised of his right to appeal to the ABCMR if he believed that response was unfair or unjust.

   b.  Additionally, to process a recommendation for award of the Air Medal with "V" Device they still required all of the documentation requested in previous correspondence.  Without that documentation they could not process the recommendation.

15.  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.  

16.  Army Regulation 600-8-22 also states the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on these medals.

17.  Army Regulation 600-8-22 also states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  

18.  Army Regulation 600-8-22 further states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

19.  Army Regulation 600-8-22 states, for all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

20.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

21.  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, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  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.  In view of the circumstances in this case, there is insufficient evidence in the available record and the evidence provided by the applicant to award him the Air Medal with "V" Device and add it to his DD Form 214.  As he was previously advised by HRC, Awards and Decorations Branch, he must provide documentation, to include general orders assigning him personally to flying duties in Vietnam and verification of the type of combat hours/missions he completed for the ABCMR to make a determination of his entitlement to award of the Air Medal with "V" Device.

2.  Pertinent regulations also show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal and Bronze Star Medal.  His service records give no indication he was recommended for awarded for those awards during his period of service in Vietnam.

3.  The documents he provided were considered.  However, the overall merits of the case, including the submissions, are insufficient as a basis to grant his request.

4.  While the available evidence is insufficient for awarding him Air Medal with “V” Device, Army Commendation Medal, and Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for those awards by submitting a request through his Member of Congress under the provisions of 10 USC 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)                                         AR20110014498



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ABCMR Record of Proceedings (cont)                                         AR20110014498



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