BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130009113
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 Reports of Transfer or Discharge) to show award of the Air Medal with oak leaf cluster.
2. The applicant states, in effect, he earned the Air Medal for having over 52 hours of flight time in resupply missions and being medically evacuated out of An Khê, Vietnam, in 1969. He has been diagnosed with amyotrophic lateral sclerosis (commonly known as ALS) and has started putting his affairs in order for his children.
3. The applicant provides no additional evidence.
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. Following prior service in the Army National Guard, the applicant enlisted in the Regular Army on 25 April 1968. He initially held military occupational specialty (MOS) 13F (Fire Support Specialist). He subsequently reclassified to MOS 76Y (Unit Supply Specialist) and reenlisted.
3. He served in Vietnam as an air defense artilleryman from 21 November 1968 to on or about 25 June 1969 when he was medically evacuated to Camp Zama, Japan. He returned to Vietnam and served as a unit armorer/supply sergeant from 12 March 1970 to on or about 9 January 1971.
4. He was medically retired on 26 February 1979 in the rank/grade of staff sergeant/E-6. He completed 20 years, 9 months, and 28 days of active duty service. His DD Form 214 does not show award of the Air Medal.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) and item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) do not show the Air Medal.
6. There are no available orders in the applicant's records showing he was awarded the Air Medal. There are no records available to show he was on flight status or flew any missions.
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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Air Medal pertaining to the applicant.
8. Army Regulation 600-8-22 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.
9. U.S. Army Vietnam 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 were the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear these guidelines were considered only a departure point.
DISCUSSION AND CONCLUSIONS:
1. There are no available orders showing he was awarded the Air Medal. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal. In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.
2. 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 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) AR20120008487
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ABCMR Record of Proceedings (cont) AR20130009113
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