IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005356
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 military records to show award of the Air Medal (AM).
2. The applicant states his award of the AM was omitted from his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides:
* his DD Form 214
* a copy of an AM Certificate, dated 11 July 1968
* a copy of an AM citation
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 applicants 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 applicants 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 8 May 1969.
He successfully completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant arrived in the Republic of Vietnam (RVN) on 1 October
1969 and he was assigned to B Company, 5th Battalion, 46th Infantry, 198th Infantry Brigade. He departed Vietnam on 20 September 1970.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the AM.
5. On 7 May 1971, the applicant was honorably released from active duty after completing 2 years active service.
6. His DD Form 214 does not show award of the shows was issued at the time does not show award of the AM.
7. There are no orders in the applicant's service personnel records and he did not provide any orders awarding him the AM.
8. There is no evidence in the available records which shows the applicant participated in aerial flight during his military service.
9. He submitted an AM certificate and citation that shows he was awarded the AM for meritorious achievement in ground operations against hostile forces during the period 17 October 1969 through 27 April 1970.
10. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the AM pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the AM to his DD Form 214 was carefully considered.
2. There are no orders in the applicant's service personnel records and the applicant did not provide any orders awarding him the AM. Regrettably, the AM certificate and the citation alone are insufficient evidence to show he is authorized the award.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120005356
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ABCMR Record of Proceedings (cont) AR20120005356
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