IN THE CASE OF:	  

		BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110023765 


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:

The applicant requests award of the Air Medal (AM).

2.  The applicant states the AM was awarded for every 25 hours flown and his records show he flew more.
   

3.  The applicant provides:

* DA Form 759 (Individual Flight Record and Light Certificate)
* Hazardous Duty Pay Orders

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 enlisted in the Regular Army on 30 August 1971.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  He served in Vietnam from 25 June 1972 through 10 February 1973, at which time he was reassigned to Fort Campbell, Kentucky for duty.  His DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist five
(SP5/E-5) on 17 May 1972, and this was the highest rank he obtained.

4.  On 29 August 1974, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  He completed 3 years of creditable active duty service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device 1960
* Bronze Star Medal
* Overseas Service Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar

6.  His service records do not contain orders awarding him the AM.

7.  The DD Form 759 provided by the applicant shows he completed 59 flight hours from July 1972 through January 1973.  It does not show the type or number of missions flown.

8.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973 failed to reveal any AM orders for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states the AM 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.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  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.

	a.  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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

	b.  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.  Because 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.  There are no general orders available that show the applicant was awarded the AM.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the AM.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the AM, the evidence he provides is not sufficient to correct his record to show award of the AM.

2.  In view of the above, the applicant's request should be denied.









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)                                         AR20110023765





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023765



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1