BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130000534 


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 the Vietnam Service Medal and the Air Medal (3rd Award).

2.  The applicant states:

* he served on temporary duty in Vietnam from Korea
* he served his country during the Vietnam conflict and deserves to receive all the medals he earned

3.  The applicant provides 

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)

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 15 August 2013, an email was sent to the applicant explaining the policy for award of the Armed Forces Expeditionary Medal and the Vietnam Service Medal.  Policy dictates that members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam

3.  On 19 August 2013, the applicant provided an email response modifying his request and indicated his desire to have his DD Form 214 corrected show award of the Armed Forces Expeditionary Medal and Air Medal with two oak leaf clusters (3rd Award).

4.  The Armed Forces Expeditionary Medal is listed on the applicant's DD Form 214; therefore, this issue will not be discussed further in this record of proceedings.

5.  The applicant enlisted in the Regular Army on 24 February 1961.  He completed training and was awarded military occupational specialty 677 (Senior Helicopter Mechanic).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 28 (Qualification in Arms), award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Carbine Bar;

	b.  Item 29 (Foreign Service), 1 year and 6 months, during the period 6 April 1962 through 21 October 1963; and

   c.  Item 33 (Record of Assignment), in part, he was assigned to the following units:

* 6 April 1962 to 30 May 1963, 19th Transportation Company, Korea
* 31 May 1963 to 25 November 1963, 19th Transportation Company, Vietnam


7.  The applicant's DA Form 24 (Service Record) shows in:

   a. Section 4 (Chronological Record of Military Service), in part, the following assignments:

* 6 April 1962 to 27 May 1963, 19th Transportation Company, Korea
* 31 May to 19 October 1963, 19th Transportation Company, Vietnam 

b. Section 9 (Medals, Decorations, and Citations):

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Carbine Bar
* Armed Forces Expeditionary Medal

8.  The following general orders (GO), issued by Headquarters, United States Army Support Group, Vietnam, awarded the applicant the following:

* GO Number 253, Air Medal, for the period 3 June to 26 June 1963
* GO Number 284, Air Medal (2nd Award), for the period 27 June to 29 August 1963

9.  The record is void of and the applicant does not provide copies of orders awarding him the Air Medal (3rd Award).

10.  On 20 February 1964, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Carbine Bar
* Armed Forces Expeditionary Medal

11.  A DA Form 2496 (Disposition Form), dated 25 August 1964, shows the applicant was authorized the following awards:

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal for service in Vietnam
* Air Medal with 1 oak leaf cluster [2nd Award]
* Expert Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

12.  On 28 August 1964, the applicant was issued a DD Form 215 which added award of the Army Good Conduct Medal and the Air Medal (2nd Award) to his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) states 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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

The evidence of record does not support the applicant's request for correction of his DD Form 214 to show the Air Medal (3rd Award).  Unfortunately, the available records do not contain any documentation and the applicant did not provide any documentation to substantiate his claim that he was awarded the Air Medal (3rd Award).  In the absence of such documentation, there is an insufficient evidentiary basis for granting his 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)                                         AR20130000534



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ABCMR Record of Proceedings (cont)                                         AR20130000534



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