IN THE CASE OF:	  

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021761 


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 that he be awarded additional awards of the Air Medal.

2.  The applicant states he served in Vietnam as a crew chief and gunner with a helicopter company from September 1962 to June 1963 and accumulated 200 to 300 aerial combat hours and only received one award of the Air Medal.  However, others he served with were awarded at least nine awards of the Air Medal and he believes he is deserving of more awards of the Air Medal, also.

3.  The applicant provides copies of two of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of orders awarding him the Air Medal for the period 20 October to 2 November 1962.

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’s records, though somewhat incomplete as they do not contain flight records or his record of assignments, show he enlisted in the Regular Army on 28 December 1951.

3.  He completed his training as a helicopter repairman and remained on active duty through a series of continuous reenlistments.  His DD Form 398 (Statement of Personal History) shows he served in Saigon, Vietnam from September 1962 to April 1963.

4.  General Orders Number 165 issued by Headquarters, U.S. Army Support Group, Vietnam on 16 July 1963 awarded the applicant the Air Medal for duties as a crew chief during the period 20 October to 2 November 1962.

5.  His DD Form 214 covering the period 15 December 1960 to 14 December 1966 shows that he was awarded the Air Medal and Armed Forces Expeditionary Medal (Vietnam).

6.  The applicant was promoted to the pay grade of E-7 on 15 November 1968 and on 31 December 1971 he was retired by reason of length of service.  He had served 20 years and 3 days of active service.  His DD Form 214 dated              31 December 1971 shows he was awarded the Amy Good Conduct Medal with five loops, Senior Aircraft Crewman Badge, and Army Commendation Medal.

7.  A review of his official records failed to reveal flight records and his record of assignments during the period in question.  Additionally, there are no orders authorizing additional awards of the Air Medal.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.

9.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force 


was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

10.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

While the sincerity of the applicant’s claim that he earned additional awards of the Air Medal is not in doubt, there simply is no evidence available to establish an entitlement to additional awards of the Air Medal.  Absent such evidence (flight records), there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean and Vietnam Wars.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130021761





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021761



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1