IN THE CASE OF:	  

		BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20120022474 


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 award of additional Air Medals.

2.  The applicant states he was the only crew chief for the 14th Transportation Battalion and he should have received the same number of Air Medals as Lieutenant Colonel E____ L. L____, his battalion commander for the period May through December 1968.  He states the helicopter never left the ground unless he was flying as gunner and crew chief.  In 1968, there were no computers to keep track of flying time and he believes the clerk forgot to transfer his flight hours from the 608th Transportation Company to the 14th Transportation Battalion.  He was awarded the Army Commendation Medal and one Air Medal for over 1,200 hours of flying time.

3.  The applicant provides:

* self-authored statement
* DD Form 214
* Air Medal Certificate for the period 24 February to 12 May 1968
* Air Medal Citation for the period 24 February to 12 May 1968
* Air Medal Citation for Lieutenant Colonel E____ L. L____ for the period 18 August to 26 December 1968
* letter of appreciation
* letter from Colonel (Retired) E____ L. L____ with certificate
* Special Orders Number 218, dated 5 August 1968
* Special Orders Number 253, dated 13 September 1968
* Special Orders Number 5808, dated 21 December 1968
* Special Orders Number 242, dated 23 January 1969
* DA Form 20 (Enlisted Qualification Record), pages 3 and 4

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 staff of the National Personnel Records Center conducted an exhaustive search to locate the applicant's military records to be used in the processing of his application.  Unfortunately, his records could not be found.  However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 26 June 1967.  He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

4.  He served in Vietnam from 19 January 1968 to 5 January 1969.  He was assigned to the 608th Transportation Company for the period 19 January through 3 November 1968 and to Headquarters and Headquarters Company, 14th Transportation Battalion, from 4 November 1968 through 5 January 1969.

5.  On 1 December 1969, the applicant was honorably released from active duty due to hardship and transferred to the U.S. Army Reserve Control Group (Standby) to complete his service obligation.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant provides no orders which show he was awarded additional Air Medals and additional Air Medals are not listed on his DA Form 20.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for additional Air Medals pertaining to the applicant.

7.  The applicant did not provide and his records were not available to show any documentation logging the type of missions and the number of flight hours he accrued during his tour of duty in Vietnam.

8.  The applicant provides a letter from his former battalion commander certifying the applicant participated with him on all aerial flights as crew chief and gunner during the period he was assigned as battalion commander of the 14th Transportation Corps Aviation Battalion in Vietnam during the 1968 time period.  As such, he states the applicant should be entitled to receive the same Air Medal Citation with two oak leaf clusters as he received.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal 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.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal.  It defined terms and conditions 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

DISCUSSION AND CONCLUSIONS:

1.  While there is no reason to doubt the statements provided by his former battalion commander, such individual statements are acceptable only when corroborating evidence is available from other official sources such as records or orders.

2.  The applicant's military personnel records were not available for review and the applicant was unable to provide any documentation showing the number or type of missions, or any evidence which recorded the number of flight hours.  Further, there is no evidence of record which shows he was ever recommended for award of additional Air Medals by appropriate authority.

3.  Therefore, there is insufficient evidence 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 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)                                         AR20120022474



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ABCMR Record of Proceedings (cont)                                         AR20120022474



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