IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130005920
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.
2. The applicant states he was wounded and evacuated from the theater. He contends that almost everyone in his platoon received the Air Medal. He believes that he did not receive one because he was evacuated out of country.
3. The applicant provides copies of:
* Photos of himself in the Republic of Vietnam (RVN)
* Letter to his United States Senator, date stamped 7 December 2012
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. Evidence of record and background information:
a. On 6 March 1968, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
b. On 17 January 1969, the applicant departed Fort Polk, Louisiana for duty in the RVN.
c. On 26 February 1969, the applicant was assigned for duty with the 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division.
d. On 13 June 1969, the applicant was wounded in action. Orders were published on 1 July 1969 awarding him the Purple Heart for his wounds.
e. On or about 7 July 1969, the applicant was assigned as a patient in the Medical Holding Company, Walter Reed Army Medical Center, Washington, D.C.
f. On 5 March 1970, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty service.
g. The applicant's DD Form 214 does not indicate he was awarded the Air Medal.
h. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Air Medal. ADCARS is 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.
3. The copies of photos provided by the applicant indicate that he had performed duty as an infantryman and was transported to and from assaults by helicopter. They also infer that he may have performed duty as a door gunner in air assaults.
4. 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
5. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It established that 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 Air Medal. However, the regulation was clear that these guidelines were considered only a departure point.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal.
2. There are no available general orders showing the applicant was awarded the Air Medal. The available records do not contain any documentary evidence indicating that he performed aerial duties over a sufficient length of time or number of missions that would have qualified him for award of the Air Medal.
3. In view of the above, the applicant's 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) AR20130005920
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