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Decision Text

ARMY | BCMR | CY2011 | 20110025216
Original file (20110025216.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  5 July 2012

		DOCKET NUMBER:  AR20110025216 


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 his Air Medal Citation be corrected to show his position, flight hours, and period of service with his unit.

2.  The applicant states he was a senior crew chief on the helicopter 
UHIB-6414038 with more than 200 hours of flight time.  He was assigned to Battery B, 2nd Battalion, 20th Artillery Regiment, from 10 June 1968 through 13 December 1968.  He believes this information should have been included on his Air Medal Citation.

3.  The applicant provides copies of a National Personnel Records Center award authorization letter, his DD Form 214 (Report of Transfer or Discharge), 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 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 served in the Regular Army from 16 June 1967 through 11 September 1970 with service in Vietnam from 18 September 1967 through 12 December 1968.

3.  General Orders Number 11610, 1st Air Cavalry Division, show he was awarded the Air Medal for a 1-month period of meritorious service in July 1968.  The applicant's record does not contain a copy of the certificate or citation for this medal.

4.  The applicant's record does not show a duty assignment of crew chief at any time during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  While the Air Medal Citation would list his unit and might list his duty position, it normally would not include any identification of his aircraft, his total number of flight hours, or his total period of service with the unit.  Furthermore, during the Vietnam War, award citations for non-heroism medals were universally generic in nature.

2.  The record does not contain and the applicant has not provided any evidence that his Air Medal Citation is incorrect or incomplete.

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)                                         AR20110025216



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ABCMR Record of Proceedings (cont)                                         AR20110025216



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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