IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013142
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).
2. The applicant states he flew over 300 hours in combat during his service in the Republic of Vietnam (RVN) in military occupational specialty (MOS) 17L (Aerial Sensor Specialist).
3. He provides his 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. The applicant was inducted into the Army of the United States on 29 May 1968. He served in Vietnam from 15 January 1969 to 12 January 1970 in MOS 17L. He served 1year, 7 months, and 16 days of active duty service and was honorably released from active duty on 14 January 1970.
3. His DD Form 214 does not show the AM.
4. There are no orders in his military personnel record that show he was awarded the AM. His record is also void of any documentation logging the type of missions and the number of flight hours he accrued during his tour of duty in the RVN. Additionally, the AM is not listed on his DA Form 20 (Enlisted Qualification Record).
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 pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) provides that 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.
7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM. 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 AM. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military personnel record does not contain any record showing the number or type of missions, nor does it contain any evidence which recorded the number of flight hours. Also, there is no evidence of record that shows he was recommended for award of the AM by higher authority.
2. 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________________________
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.
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