BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020187
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 the Air Medal is not shown on his DD Form 214.
3. The applicant provides two sets of orders.
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 28 June 1967 and he held military occupational specialty 67U (CH-47 Helicopter Repairman). He served in Vietnam from 5 January 1969 to 1 January 1970 while assigned to the 228th Aviation Battalion, 1st Air Cavalry Division.
3. He was honorably released from active duty on 11 August 1970 and he was transferred to the U.S. Army Reserve (USAR).
4. The DD Form 214 he was issued does not show the Air Medal. His record is void of orders awarding him the Air Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Air Medal.
6. 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 the Air Medal pertaining to the applicant.
7. The applicant provides:
* Special Orders Number 334, that terminated his hazardous duty in the 28th Aviation Battalion effective 12 November 1969
* Special Orders Number 336, that amended Special Orders Number 334 and assigned him to duty as a crewman in the 228th Aviation Battalion
8. 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.
9. Title 10, U.S. Code, section 1130 (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, a DA Form 638 (Recommendation for Award) must be submitted. The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.
10. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, a request must be submitted through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of orders showing he was awarded the Air Medal. Although he may have served as a crewmember in Vietnam, there is no evidence that shows he was ever awarded the Air Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Air Medal. In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Air Medal.
2. If in fact the applicant was never awarded the Air Medal, this in no way affects his right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
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) AR20130020187
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020187
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130022035
In order to request an award under Title 10 USC 1130, the member must submit a DA Form 638 (Recommendation for Award). Given his specialty, the type of unit he was assigned to, and totality of the combat situation at the time, it is reasonable to presume his flying hours were category I missions. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Air Medal (38th Award) for meritorious achievement while...
ARMY | BCMR | CY2011 | 20110014498
However, they required official documentation, such as general orders assigning him personally to flying duties in Vietnam, DA Form 759-1 (Individual Flight Record and Individual Flight Certificate-Army), or USARV Form 131-R (Awards and Qualification Record) (Air Medal). Without copies of his flight records they could not award him the Air Medal. As he was previously advised by HRC, Awards and Decorations Branch, he must provide documentation, to include general orders assigning him...
ARMY | BCMR | CY2011 | 20110011755
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he would like to determine if he was awarded the Bronze Star Medal per Colonel M____'s recommendation, dated 23 May 1964 * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is not complete * awards were received subsequent to his...
ARMY | BCMR | CY2010 | 20100010455
Application for correction of military records (with supporting documents provided, if any). 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 Distinguished Flying Cross and two awards of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his...
ARMY | BCMR | CY2014 | 20140015628
Application for correction of military records (with supporting documents provided, if any). The applicant provides copies of the following: * letter from Headquarters, U.S. Army Training Center * Special Orders (SO) Number 15 (two copies) * Certificate of Achievement * four letters from the U.S. Air Force (USAF) * three letters from the U.S. Army Intelligence and Security Command (INSCOM), Freedom of Information/Privacy Office * Transmittal of and/or Entitlement to Awards * Army Board for...
ARMY | BCMR | CY2014 | 20140017081
Application for correction of military records (with supporting documents provided, if any). If not a Purple Heart, he believes that, given the documentation of the merit of this action and combat injury, appropriate recognitions should be assigned to this combat action in the face of enemy action. Previously, as the VA (at the time) had not recognized his injury, he was denied his claim for a Purple Heart for the concussion he received during a forced landing while flying combat missions...
ARMY | BCMR | CY2014 | 20140007042
The applicant requests, through his Member of Congress, correction of his military records as follows: * advancement to the rank/grade of sergeant major (SGM)/E-9 * award of the Air Medal * award of the Bronze Star Medal with "V" Device 2. The applicant states in his letter to the Member of Congress: * he served in Vietnam and while there, he believes he was treated badly and unfairly; he served in Vietnam for 365 days and came back with only an Army Commendation Medal * he was chosen as a...
ARMY | BCMR | CY2014 | 20140010976
The applicant requests, in effect: a. the following awards and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); * Silver Star * Bronze Star Medal with V Device * Purple Heart * Air Medal * Combat Infantryman Badge b. and that he be provided a DD Form 215 (Correction to DD Form 214). He is submitting evidence/documents from his former chain of command and platoon members for the recommendations and testimony for him to be awarded the...
ARMY | BCMR | CY2014 | 20140008470
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show: * additional awards of the Air Medal * the Bronze Star Medal with "V" Device * the Distinguished Flying Cross 2. The applicant provides: * an Air Medal Citation, undated, wherein it shows he was presented the Air Medal for the period 10 to 22 August 1971 * an Air Medal...
ARMY | BCMR | CY2010 | 20100016532
The applicant requests the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Air Medal * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Gunner wings (determined to refer to the Aircraft Crewman Badge (now known as the Aviation Badge)) 2. Section 9 - Medal, Decorations, and Citations of the applicant's DA Form 24 (Service Record) does not show he was awarded the...