IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110014963
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 that his Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the Air Medal on 17 July 1971 and it was not added to his DD Form 214.
3. The applicant provides copies of his Air Medal Certificate and Citation, combat certificate, and his DA Form 20 (Enlisted Qualification Record).
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 was inducted into the Army of the United States on
13 November 1969. He completed his basic training at Fort Bragg, North Carolina and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Germany on 18 May 1970. He departed Germany on 20 January 1971 for assignment to Vietnam.
3. He arrived in Vietnam on 13 March 1971 and was assigned to Headquarters and Headquarters Company, 164th Combat Aviation Group for duty as an administrative specialist.
4. On 4 September 1971, he departed Vietnam and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 5 September 1971 to attend school. He had served 1 year, 9 months, and 23 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, and Good Conduct Medal.
5. A review of the applicants official records failed to show any orders awarding him the Air Medal or any other awards that are not reflected on his DD Form 214. Additionally, 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 awarding him the Air Medal.
6. The Air Medal Certificate and Citation provided by the applicant indicates that he was awarded the Air Medal for meritorious achievement during the period of 3 March to 9 June 1971. The applicant does not provide orders with the certificate and citation.
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. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that only information that is obtained and verified from official records at the time of separation may be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the Air Medal is not in doubt, awards of the Air Medal require that they be announced in orders and the applicant has failed to show through the evidence submitted with his application and the evidence of record, sufficient evidence to warrant the entry of the Air Medal on his DD Form 214.
2. Therefore, in the absence of orders awarding him the Air Medal, there appears to be no basis to add the award of the Air Medal to his DD Form 214 at this time.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20110014963
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ABCMR Record of Proceedings (cont) AR20110014963
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