IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017604
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, in effect, award of the Air Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served with the 3rd Marines.
2. The applicant states he flew in helicopters at least once a week, under enemy fire, while serving in Vietnam to serve food to the troops in forward positions. Some Soldiers received the Air Medal. He served in the 2nd Battalion, 5th Cavalry in Vietnam from October 1967 to October 1967.
* On 7 February 1968 his "outfit" was separated from the 1st Cavalry Division and put under the operational control of 2nd Brigade, 101st Airborne Division until 28 February 1968.
* 2nd Battalion, 5th Cavalry was under the operational control of the 3rd Marine Division from 7 May 1968 to an unknown date
3. The applicant provides a self-authored statement.
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 and entered active duty on 24 May 1967. He held military occupational specialty 94B (Cook) and attained the rank/grade of specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 18 October 1967 to 16 October 1968 and he served with Headquarters and Headquarters Company (HHC), 2nd Battalion, 5th Cavalry Regiment, 1st Calvary Division from 22 October 1967 to 16 October 1968.
4. Special Orders (SO) Number 295, issued by 1st Cavalry Division, Vietnam, on 22 October 1967 relieved him from assignment to the 15th Administration Company (Replacement Detachment), Vietnam and assigned him to HHC, 2nd Battalion, 5th Cavalry Regiment, 1st Calvary Division.
5. SO Number 255, issued by 1st Cavalry Division, Vietnam, on 11 September 1968 relieved him from assignment to HHC, 2nd Battalion, 5th Cavalry Regiment, 1st Calvary Division and assigned him to U.S. Army Training Center Fort Leonard Wood, MO effective 20 October 1968.
6. His record does not contain any award or recommendation for award of the Air Medal or any flight records. Additionally, 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 United States Army Human Resources Command failed to reveal any orders for the Air Medal.
7. His record does not contain any evidence showing he served with or was assigned to the 3rd Marine Division.
8. He was honorably released from active duty on 23 May 1969. His DD Form 214 shows he completed 2 years of net active service, of which 11 months and 29 days was credited as foreign service. His DD Form 214 does not list the Air Medal.
9. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records do not contain and he has not provided orders or a recommendation for award of the Air Medal. The Air Medal, as with all personal decorations, requires formal recommendations, approval through the chain of command, and announcement in orders.
2. There is no evidence of record and the applicant has not provided evidence to show he was assigned or transferred to the 3rd Marine Division or met qualification for award of the Air Medal.
3. Based on the foregoing, 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.
_______ _ 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) AR20130017604
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ABCMR Record of Proceedings (cont) AR20130017604
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