BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130018202
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 the Air Medal.
2. The applicant states:
a. he received the Air Medal along with the Bronze Star Medal in front of his unit in Vietnam in 1968; and
b. he believes he went on the required number of combat air missions to receive the Air Medal.
3. The applicant provides no evidence in support of his application.
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 2 October 1967, the applicant was inducted into the Army of the United States. He completed his initial training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
b. On 11 March 1968, the applicant was assigned for duty as a rifleman with Company C, 2nd Battalion, 506th Infantry Regiment, in the Republic of Vietnam (RVN).
c. On 10 March 1969, he departed the RVN and he was reassigned to the 5th Military Police Company, at Fort Carson, CO.
d. On 23 August 1969, the applicant was released from active duty. He had attained the rank/grade of specialist four (SP4)/E-4 and had completed 1 year, 10 months, and 22 days of creditable active duty service.
e. The applicant's DD Form 214 shows he earned the following awards:
* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Combat Infantryman Badge
f. There are no general orders or any other documents to show the applicant was ever awarded the Air Medal.
3. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Air Medal pertaining to the applicant.
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) AR20130018202
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018202
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090009376
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal (18th through 20th oak leaf cluster). The applicant contends that his records should be corrected to show three additional awards of the Air Medal (i.e., Air Medal with 18th through 20th oak leaf cluster) because he completed 77 combat hours and 139 combat missions in the RVN from 6 August 1967 to 29 September 1967 subsequent to his 17th award of the Air Medal. As a...
ARMY | BCMR | CY2009 | 20090006356
The applicant provides, in support of his application, The Air Medal Citation, three DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army), 1st Aviation Brigade Form 21 (Recommendation for Award of Oak Leaf Clusters to the Air Medal), and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders or other evidence in the applicant's military personnel records that shows he was awarded more than one Air Medal. As a result, the...
ARMY | BCMR | CY2010 | 20100015164
BOARD DATE: 3 May 2011 DOCKET NUMBER: AR20100015164 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no orders or any other evidence in his Official Military Personnel File (OMPF) showing he was awarded the Air Medal. This pamphlet shows the 162nd Aviation Company was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.
ARMY | BCMR | CY2007 | 20070013811
The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 27 June 1969; Headquarters, Department of the Army, Office of the Surgeon General, Washington, District of Columbia, Special Orders Number 52, dated 21 August 1967; Headquarters, 1st Aviation Brigade (RVN), Special Orders Number 255, dated 15 September 1968; 7 DA Forms 759 (Individual Flight Record - Army Aviator); 2 DA Forms 759-1 (Individual Flight...
ARMY | BCMR | CY2014 | 20140013714
The applicant contends, in effect, that his records should be corrected to show 15 additional awards of the AM (i.e., the AM with Numeral 16) because he accrued 763 hours of combat assault or combat support flight time. There is no evidence that shows the applicant was recommended for or awarded more than one AM. e. However, based on the evidence of record (i.e., certification by the operations officer that the applicant accrued 453 flight hours) and the conclusion they were category III...
ARMY | BCMR | CY2012 | 20120010396
Application for correction of military records (with supporting documents provided, if any). He further states that because the type of flying hours (combat/non-combat) can't be determined based on the internet data that as a minimum he would like to have Air Medals awarded based on one award per 50 flying hours for the 1,020 hours listed on the internet printout. There is no evidence in his record that he was awarded the Air Medal.
ARMY | BCMR | CY2006 | 20060010593C071029
The flight records provided by the applicant confirm he accrued 51.4 hours of combat flying hours during the period August through December 1967, while serving in the RVN. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 30 January 1965 through 11 January 1968. The evidence of record also shows that based on his service and campaign participation in the RVN, he is also entitled to the...
ARMY | BCMR | CY2011 | 20110010066
This order shows he was awarded the AM (basic through fifth award) for the period 23 March to 2 November 1971 in accordance with Army Regulation 672-5-1 (Awards). Although he provides copies of his flight records which show he performed over 100 missions and recorded 462 hours of flight time, he has not provided sufficient evidence to show the category level for these missions. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090020111
There are no flight records or other evidence to show the applicant accumulated the required flight hours or flew on the required number of missions to be awarded additional awards of the Air Medal. The available records show the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...
ARMY | BCMR | CY2013 | 20130019437
BOARD DATE: 15 July 2014 DOCKET NUMBER: AR20130019437 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 36 awards of the Air Medal (AM), the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, and campaign participation credit for the 1968 Tet...