IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022270
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 Air Medal.
2. The applicant states he has the original award letter, but it was omitted from his DD Form 214.
3. The applicant provides his DD Form 214 and his Air Medal Certificate.
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 records show he was inducted into the Army of the United States on 3 August 1967 and he held military occupational specialty 12B (Combat Engineer).
3. He served in Vietnam from on or about 18 December 1967 to 17 December 1968. He was assigned to Company A, 8th Engineer Battalion, 1st Cavalry Division.
4. He was honorably released from active duty on 26 August 1969. His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. His DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal and his service records do not contain orders awarding him the Air Medal.
6. 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 Air Medal orders pertaining to the applicant.
7. He provides an Air Medal Certificate, dated 31 December 1969, awarding him the Air Medal for meritorious achievement while participating in aerial flight during the period December 1967 to December 1968 in the Republic of Vietnam. However, he did not provide accompanying orders.
8. 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.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It established 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. However, the regulation was clear that these guidelines were considered only a departure point.
DISCUSSION AND CONCLUSIONS:
Although he provides a certificate showing award of the Air Medal, there are no general orders available that show he was awarded the Air Medal. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal. In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to correct his DD Form 214 to show award of the Air Medal in this case.
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 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) AR20110022270
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022270
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024572
His records do not contain official orders awarding him the Aircraft Crewmember Badge or any additional awards of the Air Medal. USARV Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As a result, the Board recommends denial of so much of the application that pertains to the award of the Aircraft Crewmember Badge and correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2015 | 20150005029
The applicant states, in effect: * his current DD Form 215 (Correction to DD Form 214)) does not address all of the Air Medals he was awarded * as proof, he points out the citation for the 3rd through 18th Oak Leaf Cluster for the Air Medal * he "actively participated in more than twenty-five aerial missions over hostile territory in support of counterinsurgency operations" during the period 7 June to 14 December 1967 (awards given in General Orders (GO) Numbers 942 through 944; they are all...
ARMY | BCMR | CY2009 | 20090009376
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal (18th through 20th oak leaf cluster). The applicant contends that his records should be corrected to show three additional awards of the Air Medal (i.e., Air Medal with 18th through 20th oak leaf cluster) because he completed 77 combat hours and 139 combat missions in the RVN from 6 August 1967 to 29 September 1967 subsequent to his 17th award of the Air Medal. As a...
ARMY | BCMR | CY2013 | 20130013844
The applicant requests that his records be corrected by showing he was awarded the Purple Heart and two awards of the Air Medal. The DA Form 2496 dated 13 December 1979 is a handwritten document requesting a search be made of documents authorizing him award of the Purple Heart and the Air Medal with 1 OLC. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.
ARMY | BCMR | CY2014 | 20140013714
The applicant contends, in effect, that his records should be corrected to show 15 additional awards of the AM (i.e., the AM with Numeral 16) because he accrued 763 hours of combat assault or combat support flight time. There is no evidence that shows the applicant was recommended for or awarded more than one AM. e. However, based on the evidence of record (i.e., certification by the operations officer that the applicant accrued 453 flight hours) and the conclusion they were category III...
ARMY | BCMR | CY2012 | 20120002134
The applicant provides: * DD Form 214 * DA Form 759 (Individual Flight Record and Flight Certificate - Army) * DA Form 759-1 (Individual Flight Record and Flight Certificate - Army) * Special Orders (SO) Number 309 (flying status) * Record of Flying Time * Breakdown of awards of what appear to be the Air Medal CONSIDERATION OF EVIDENCE: 1. During his service in Vietnam, he completed various combat missions. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060008976
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show all of his awards and decorations, to include the Air Medal, Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Marksmanship Qualification Badges, and Republic of Vietnam awards. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for...
ARMY | BCMR | CY2014 | 20140009838
He provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Memorandum, Subject: Transmittal of Award, dated 31 October 1967 * Award certificate for award of the Bronze Star Medal * Newspaper articles * Information from the Dave Hughes Legacy Site * DD Form 1351-2 (Travel Voucher or Subvoucher) * General Orders Number 4163, dated 25 October 1967, awarding him the Bronze Star Medal * Unit Orders Number 43, dated 26 August 1967, promoting him to specialist...
ARMY | BCMR | CY2009 | 20090008264
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Air...
ARMY | BCMR | CY2008 | 20080006437
With respect to award of the Air Medal, the applicant's record is void of his flight record and there are no general orders that show the applicant was awarded the Air Medal. Therefore, there is insufficient evidence upon which to base award the applicant the Air Medal in this case. With respect to award of the Aircraft Crewmember Badge, the evidence of record shows that the applicant was awarded MOS 67A on 26 June 1969 and performed duties of gunner from 9 June 1969 to 4 December 1969.