IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20120021345
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show multiple awards of the Air Medal (AM).
2. He states he was awarded the AM for the period 7 July 1966 to 18 June 1967, but he should have been awarded multiple awards of the AM for the period April 1966 to April 1969.
3. He provides:
* Special Orders Number 236, issued by Headquarters, U.S. Army Vietnam, dated 26 August 1966
* AM Citation
* Three DA Forms 2139-1 and one DA Form 2139, all titled Military Pay Voucher
* Four DA Forms 122 (Certificate for Performance of Hazardous Duty), dated 13 November and 11 December 1968 and 6 and 24 January 1969
* Internet article titled "Army Air Medal Requirements"
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 29 July 1963 for a period of
3 years. On 16 September 1965, he was honorably discharged for the purpose of immediate reenlistment. On 17 September 1965, he reenlisted for a period of 4 years.
3. Records show he served in Vietnam from 26 April 1966 to 22 April 1969.
4. General Orders Number 5456, issued by Headquarters, U.S. Army Vietnam, dated 26 October 1967, awarded the applicant the AM for meritorious achievement while participating in aerial flight for the period 7 July 1966 to
18 June 1967.
5. On 23 April 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 5 years, 8 months, and 25 days of total active service. His DD Form 214 shows, among other awards, the Air Medal.
6. There are no orders or evidence in his military personnel record that show he was awarded a subsequent award of the AM. His flight record is not available for review.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the AM pertaining to the applicant.
8. The applicant provided:
a. Special Orders Number 236, dated 26 August 1966, assigning him to non-crewmember/non-aviator duty effective 7 July 1966.
b. Four military pay vouchers showing he received flight non-crewmember pay for the pay periods: 1-31 January 1969, 1-28 February 1969, 1-31 March 1969, and 1-23 April 1969.
c. Four DD Forms 122 showing the platoon leader certified that he performed hazardous duty as a non-crewmember from 1 October 1968 through 31 January 1969.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM. 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 AM.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the AM for the period 7 July 1966 to
18 June 1967, which is shown on his DD Form 214. However, his record does not show he was recommended for or awarded any additional AMs and ADCARS does not contain any orders for award of subsequent AMs. Further, his pay vouchers and certification of hazardous duty certificates are insufficient evidence to show he is entitled to additional awards of the AM.
2. His flight record documenting his flight hours and types of missions flown is not available for review.
3. In view of the foregoing, there is an insufficient evidentiary 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) AR20120021345
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