IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015557
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 add the Army Commendation Medal and Air Medal.
2. The applicant states he was awarded the Army Commendation Medal, but it was not added to his DD Form 214. Additionally, he was told he would be awarded the Air Medal.
3. The applicant provides a letter, dated 20 August 2013, and General Orders (GO) Number 205, dated 22 July 1968.
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 enlisted in the Regular Army on 18 October 1965 and held military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic). The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Thailand from 24 June 1967 to 23 June 1968 and served with:
* Headquarters and Headquarters Company, U.S. Army Support Thailand (USARSUPTHAI) from 29 June 1967 to 24 April 1968
* 70th Aviation Detachment from 25 April to 20 June 1968
4. Special Orders (SO) Number 82, issued by the 10th Aviation Group, Fort Benning, GA, dated 16 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. He provided GO Number 205, issued by Headquarters, USARSUPTHAI, on 22 July 1968. These orders awarded him the Army Commendation Medal for service from 24 June 1967 to 23 July 1968.
6. His record does not contain any evidence that he was recommended for or awarded the Air Medal.
7. He was honorably released from active duty on 24 July 1968. His DD Form 214 shows he completed 2 years, 9 months, and 7 days of net active service, of which, 1 year and 1 month was credited as foreign service. This form also shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Good Conduct Medal
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Air Medal.
9. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R. The recommendation for award must also have stated that the individual met the required number of missions and hours for award of the Air Medal, that the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident; and that the individuals accomplishments and service throughout the period have reflected meritorious.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided GO awarding him the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
2. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to add this badge.
3. The applicant's records do not contain, nor has the applicant provided, orders awarding him the Air Medal. Additionally, there are no available orders announcing award of the Air Medal. As such, there is insufficient evidence to justify adding this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Air Medal.
_______ _ _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) AR20130015557
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ABCMR Record of Proceedings (cont) AR20130015557
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