IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024679 


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 (AM).

2.  He states he earned the AM, but it was not awarded.

3.  He provides the following:

* DD Form 214
* Special Orders Number 243, dated 31 August 1969
* Three support letters, dated 26 October 2011, 20 November 2011, and 
7 December 2011

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 was inducted into the Army of the United States on 19 March 1969.  After completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 17 August 1969 to 15 August 1970 and was assigned to Company D, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.  

4.  He served 2 years and was honorably released from active duty on 
18 March 1971.  His DD Form 214 does not show the AM.

5.  There are no orders in his military personnel record that show he was awarded the AM.  Additionally, the AM is not listed on his DA Form 20 (Enlisted Qualification Record).

6.  His record is also void of any documentation logging the type of missions and the number of flight hours he accrued during his tour of duty in Vietnam.
 
7.  He provided three support letters of which two were provided by the same author.  

	a.  In the letters dated 26 October 2011 and 20 November 2011, the author stated that although he did not serve with the applicant, he was the company commander for Company D, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division from October 1968 through May 1969, and as such, he could testify to the missions of the company.  He said Company D was an airmobile infantry company with the mission of searching for, finding, and destroying the Viet Cong or the North Vietnamese Army.  He added that it was the practice of the 1st Cavalry Division to present "Impact Awards" following a combat engagement.  He stated the commander would fly in shortly after the flight and pin medals on individuals recommended by the company commander for an award.  This practice was meant to keep morale high, but on many occasions the orders for the medals awarded would never materialize.

	b.  In the letter dated 7 December 2011, the author stated he was the applicant's company commander during the applicant's service with Company D. He offered that all of the infantry sky Soldiers assigned to a line company made more than the required amount of combat air assaults from helicopters and were awarded an AM upon completion of their tour of duty.  However, due to the conditions in a war zone, some of the paperwork fell through the cracks and never reached its final destination for approval.

8.  Army Regulation 600-8-22 (Military Awards) provides that 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.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM.  It defined terms and conditions 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 AM.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

DISCUSSION AND CONCLUSIONS:

1.  While there is no reason to doubt the statements provided by the former commander of Company D, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division or the applicant's former commander such individual statements are acceptable only when corroborating evidence is available from other official sources such as records or orders.   

2.  The applicant's military personnel record does not contain any record showing the number or type of missions, nor does it contain any evidence which recorded the number of flight hours.  Also, there is no evidence of record that shows he was recommended for award of the AM by higher authority.

3.  Therefore, there is insufficient evidence to grant the requested relief.


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)                                         AR20110024679





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ABCMR Record of Proceedings (cont)                                         AR20110024679



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