IN THE CASE OF

		BOARD DATE:	    18 December 2012

		DOCKET NUMBER:  AR20120009313 


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 Distinguished Flying Cross (DFC) and Air Medal (AM) with several oak leaf clusters, and correction of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 April 1985 to show these awards.

2.  The applicant states:

* he was supposed to have been awarded several AM's 
* his pilot put him in for the DFC for bandaging him up while they were taking fire in a combat assault
* upon out-processing from the 282nd Assault Helicopter Company, the records clerk told him he had several AM's coming and that he was put in for the DFC, but they would catch up with him stateside
* he was released from active duty at Fort Lewis, WA, and the medals were never awarded
* he was awarded "wings" that show he flew in combat

*	he flew in a Huey Slick UH-1D model helicopter from February 1969 to 28 July 1969
*	he flew on combat assaults, medical evacuations, and re-supply missions on a daily basis 

3.  The applicant provides a copy of his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) for the period ending 28 July 1969.
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.  On 31 October 1966, the applicant enlisted in the Regular Army (RA) for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 67N (single rotor turbine helicopter mechanic).

3.  He served in Vietnam from 20 July 1968 through 31 July 1969 while assigned to the 282nd Assault Helicopter Company.  He was honorably released from active duty (REFRAD) in the rank/grade of specialist five (SP5)/E-5 as an overseas returnee on 28 July 1969.  He completed 2 years, 8 months, and
28 days of total active service.  The DD Form 214 he was issued at the time does not show the award of the DFC or any AM's.

4.  On 15 July 1981, the applicant again enlisted in the RA for a period of
6 years.  He completed training and he was awarded MOS 94B (Food Service Specialist).  On 5 April 1985, he was honorably discharged at the expiration of his term of service.  He completed 3 years, 8 months, and 21 days of net active service this period.

5.  His record contains a DA Form 2-1 (Personnel Qualification Record) prepared on 20 July 1981 and last audited by the applicant on 19 April 1984.  Item 9 (Awards, Decorations, and Campaigns) of this form does not show award of the DFC or any AM's.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the DFC and any AM's.

7.  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 U.S. Army Human Resources Command, failed to reveal any order for the DFC or any AM's pertaining to the applicant.

8.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states:

	a.  The DFC is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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 (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal for sustained operations.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a 


decoration, either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the DFC and AM with several oak leaf clusters and correction of his DD Form 214 to show these awards was carefully considered.

2.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  Over 40 years have passed since the applicant's service in Vietnam and the ABCMR is not privy to the decision process used at that time.  The applicable regulation in effect at the time and now requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for an awarded the DFC or any AM's during his service in Vietnam.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

3.  While the available evidence is insufficient for awarding the applicant the DFC or any AM's, this in no way affects the applicant's right to pursue his claim for the DFC and AM's by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in 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)                                         AR20120009313



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ABCMR Record of Proceedings (cont)                                         AR20120009313



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