IN THE CASE OF:	   

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003207 


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, in effect, award of the Air Medal with Numeral 4.

2.  The applicant states his service record reflects he met the qualifications and standards for issuance of the award.  However, it was not awarded or reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  The documentation that he provides occurred while he was attached to the 244th Aviation Company.  His DD Form 214 reflects his last duty assignment as the 225th Aviation Company; however, he flew very little with this unit.

3.  The applicant provides:

* three U.S. Army Vietnam (USARV) Forms 131 (Awards and Qualification Record Work Sheet - Air Medal)
* his DD Form 214

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 enlisted in the Regular Army on 14 April 1969 for a period of
2 years.  He completed training and he was awarded military occupational specialty 17L (Aerial Sensor Specialist).  He served in Vietnam from 27 October 1968 to 4 November 1970.

3.  Special Orders Number 238, issued by Headquarters, U.S. Army Combat Surveillance and Electronic Warfare School/Training Center, Fort Huachuca, AZ, dated 22 September 1969, awarded him the Aircraft Crewmember Badge (Permanent), effective 24 September 1969.

4.  He provides copies of three USARV Forms 131 that show he completed 528.6 hours of flying time between January and May 1970.  However, these forms:

* do not contain the name or the signature of the certifying officer
* his name appears to have been added at a later date or tampered with
* some of the hours/missions is illegible and faded

5.  His record does not contain and orders or citations and he did not provide any such documents awarding him any Air Medals.

6.  His record is void of his DA Form 20 (Enlisted Qualification Record).  His record is also void of any USARV Form 131, DA Form 759 (Individual Flight Record - Army Aviator), and/or DA Form 759-1 (Individual Flight Record and Flight Certificate - Army).

7.  On 4 November 1970, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 does not show any awards of the Air Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant.

9.  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.  The award is primarily intended for personnel on flying status, but will also be awarded to those personnel whose combat duties requires 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 Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.

11.  U.S. Army Vietnam Regulation 672-1 further stated that:

	a.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	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.  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.  There is no evidence of record and no sufficient evidence was provided by the applicant to confirm he met the eligibility criteria for award of any Air Medals during his period of service in Vietnam.  The regulatory burden of proof necessary to support award of the Air Medal has not been shown in this case.

2.  His service record does not contain a DA Form 20, DA Form 759, and/or DA Form 759-1 that could support awarding him the appropriate number of Air Medals.

3.  The documents provided by the applicant were carefully considered.  However, the documents do not contain all pertinent information such as his unit and the signature of a certifying officer authenticating the information listed on the form to be true and accurate.  Therefore, the overall merits of this case, including the submissions, are insufficient as a basis for granting the applicant's 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)                                         AR20120003207


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1