BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021981
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 records to show award of the Air Medal with "V" Device.
2. He states his flight status and combat hours were not recorded. He was on flight status for approximately 4 months with combat flight hours almost daily.
3. He provides an internet printout of a helicopter accident summary, a Standard Form 502 (Clinical Record-Narrative Summary), part of a DA Form 8-118, Medical Board Proceedings, 2 pages of his DA Form 20 (Enlisted Qualification Record), and 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. His military records show he enlisted in the Regular Army on 18 March 1965. He was awarded the military occupational specialty of 63C (Track Vehicle Mechanic).
3. On 4 April 1966, he reenlisted for a period of 4 years. The highest rank/grade he held was staff sergeant/E-6.
4. His DA Form 20 shows he performed duties as a wheeled vehicle mechanic, power plant operator, senior wheeled vehicle mechanic, and that he was a patient during his tour of duty in the Republic of Vietnam (RVN) while he was assigned to the 544th Transportation Detachment.
5. He provided a Standard Form 502 stating he was in a helicopter crash, on 1 August 1967, in the RVN.
6. He was retired from active duty due to a temporary disability on 27 March 1969. He completed 4 years and 10 days of creditable active service.
7. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Commendation Medal (taken to be the Vietnam Campaign Medal), and Marksman Marksmanship Qualification Badge with Rifle Bar.
8. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Air Medal.
9. His available records contain no flight logs or other documents showing how many or what categories of missions he flew.
10. He provided an internet printout, dated 23 March 2000, of a helicopter accident summary indicating the helicopter on which he was a crew member crashed in Vietnam due to bad weather. The printout lists flight hours for this helicopter. He highlighted the hours which he contends were his crew hours.
11. Army Regulation 600-8-22 (Military Awards) provides that 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.
12. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.
DISCUSSION AND CONCLUSIONS:
1. He provided an internet printout on which he highlighted the flight hours which he contends were that of his crew. Evidence shows he was a crew member on a helicopter that crashed while in the RVN. However, there are no available flight logs or other documents showing how many or what categories of missions he personally flew on.
2. His records are void of any orders or other documents that indicate he was ever recommended for the Air Medal. Therefore, there is an insufficient basis for which to award of the Air Medal.
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.
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