IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120009846 


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 (AM). 

2.  He states he received an Army Commendation Medal (ARCOM) for flight operations during his participation in Operation Just Cause (Panama).  He flew on daily missions, sometimes twice a day, and encountered hostile forces.  He believes the ARCOM is a peacetime award.  

3.  The applicant adds that he was also awarded Aircraft Crew Wings (Aircraft Crew Member Badge, currently named the Basic Aviation Badge) for permanent wear.  He poses the question:  If a Soldier received Wings for flight in combat, why wasn't he awarded the AM?  He knows he flew twice a day and often without weapons during various search missions. 

4.  He provides:

* an ARCOM award certificate
* a memorandum, dated 11 March 1991
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)

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.  He enlisted in the Regular Army on 18 June 1984.  After completion of training, he served in military occupational specialty (MOS) 98J (Noncommunications Interceptor/Analyst).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Panama from 10 July 1989 through 9 August 1990.  During this period, he received imminent danger pay for the period 20 December 1989 through 31 January 1990 for Operation Just Cause.  

4.  He provided a copy of an ARCOM award certificate which shows, in part, he received this award for voluntarily flying in numerous aerial missions into hostile territory during Operation Just Cause during the period 24 December 1989 to 
7 January 1990.  

5.  The memorandum he provided, subject:  Recommendation for Award, shows the Army Decorations Board, U.S. Total Army Personnel Command (currently U.S. Army Human Resources Command) reviewed the recommendation for award of the AM on 11 March 1991.  That board concluded the ARCOM was a more appropriate award for his service during Operation Just Cause and as a result, issued the applicant permanent orders for the ARCOM.  

6.  On 26 July 1993, he was honorably discharged for hardship reasons.  His 
DD Form 214 shows he was permanently awarded the Aircraft Crew Member Badge (Basic Aviation Badge). 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

    a.  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.  

    b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity (emphasis added) with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

    c.  Permanent award of the Basic Aviation Badge is authorized for an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while performing in-flight duties.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been awarded the AM instead of the ARCOM for his service during Operation Just Cause wherein he flew numerous combat missions.  

2.  His record shows he was awarded the Aircraft Crew Member Badge (Basic Aviation Badge).  It is reasonable to presume that, given his MOS of 98J, which was not an aviation MOS, he earned this badge for participating in 15 or more combat missions during exposure to enemy fire while performing in-flight duties.  

3.  Regulatory guidance states the ARCOM can be awarded to any member of the Armed Forces of the United States who, while serving in any capacity, distinguishes himself/herself.  As such, his argument that the ARCOM is only a peacetime award is not supported by the evidence. 

4.  The recommendation for award of the AM went before the Army Decorations Board and that board determined the ARCOM was a more appropriate award for his service during Operation Just Cause.  He has not provided sufficient evidence or an argument to show the Army Decorations Board decision was in error or unjust. 

5.  In view of the foregoing, there is no basis 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)                                         AR20120009846





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ABCMR Record of Proceedings (cont)                                         AR20120009846



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