IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130002423 


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 Air Medal (AM), Army Commendation Medal (ARCOM), and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that based on the award criteria and his recommendation he is entitled to the above awards.

3.  The applicant provides:

* A self-authored statement
* DD Form 214, effective 8 January 1971
* DD Form 215 (Correction to DD Form 214), effective 28 November 2012
* DA Form 137 (Installation Clearance Record)
* Honorable Discharge Certificate
* Letter written to his mother, undated
* 1st Cavalry Division (Airmobile ) Vietnam Combat Certificate
* U.S. Army Military Medals website award information
* The Battle of Song Mao internet article
* Task Force South Daily Situation Report, dated 4 May 1970
* Applicant's account of his participation in the Battle of LZ Betty with associated internet documents



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's records show he was inducted into the Army of the United States on 18 June 1969 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He was honorably released from active duty on 8 January 1971.  His 
DD Form 214 shows he served in Vietnam from 17 November 1969 to 
24 December 1970.  On 28 November 2012, the applicant was issued a 
DD Form 215 which does not list the AM, ARCOM, or AFEM.

4.  His records do not contain official orders showing he was awarded the AM or ARCOM.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show these awards.

5.  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 or ARCOM.

6.  He provides:

	a.  Specific achievements that he contends qualify him for the requested awards.  He routinely was involved in operations or missions that involved transportation by Huey helicopter; therefore, he is authorized the AM.  He contends he should be awarded the ARCOM because he participated in numerous conflicts to include the Battle of Song Mao and the Battle of LZ Betty.  He provided attachments with unofficial internet history and official situation reports with accounts of these battles.  He believes the fast tracking of his departure from the 1st Air Cavalry caused these awards to be overlooked.  He was unsure of his entitlement to the AFEM.
	b.  An installation clearance record which shows that while he was assigned to Company C, 1st Battalion, (Mechanized), 50th Infantry, he was recommended for the ARCOM; however, the award was not presented prior to his departure from this unit.

	c.  An undated letter written by the applicant to his mother in which he stated "If you have 25 flying hours you are eligible for a flying medal.  I have 18 so far.  Should qualify for one pretty soon."

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity 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.

	b.  The AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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.  However, the regulation was clear that these guidelines were considered only a departure point.

9.  Title 10 of the U.S. Code, section 1130 (10 USC §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 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.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the AM, ARCOM, and AFEM.

2.  His record is void of evidence showing he participated in aerial flight or orders showing he was awarded the AM.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the AM).

3.  The Installation Clearance Record provided by the applicant shows he was recommended for the ARCOM but unfortunately this is insufficient to grant relief because there is no evidence the recommendation was approved or that he was awarded the ARCOM.  The governing Army regulation states that personal decorations (which include the ARCOM) must include a formal recommendation, approval through the chain of command, and announcement in orders.  In the absence of orders, there is insufficient evidence to correct his records to show this award.

4.  While the available evidence is insufficient for awarding him the ARCOM and correcting his DD Form 214 to show the award, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  Army Regulation 600-8-22 states the AFEM was awarded for service in the Republic of Vietnam from 1 July 1958 to 3 July 1965.  This period is before the date on which the applicant was assigned.  Additionally, this regulation states the Vietnam Service Medal and the AFEM may not be awarded for the same period of service.

6.  In view of the above, his request should be denied.

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)                                         AR20130002423



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ABCMR Record of Proceedings (cont)                                         AR20130002423



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