MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           4 August 1999      
	DOCKET NUMBER:   AR1998013896

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of an Air Medal (which he also refers to as “combat wings”).  He states he was assigned to the 16th Signal Combat Assault Helicopter Battalion and flew 50 “hours in [a] combat zone.”  He notes that has an outstanding claim with the VA for PTSD and is “seeking a stressor”.  He submits no evidence in support of his request.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 7 February 1967 and was assigned to Vietnam between August 1968 and August 1969.  According to item 38 (record of assignment) on his DA Form 20 (enlisted qualification record), which he authenticated in 1971 and again in 1974, he was assigned to the 16th Signal Company (0868-0269), 513th Signal Detachment (0269-0369) and finally the 377th Signal Company, while in Vietnam.  With the exception of his last month in Vietnam, when he performed duties as a microwave radio repairman/operator, he performed duties as a fixed station transmitter repairman during his tour in Vietnam.

The applicant was discharged for the purpose of immediate reenlistment in December 1969 and remained on active duty until 12 March 1976.  Neither his 1969 nor his 1976 separation documents reflect entitlement to the Air Medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

U.S. Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal.  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) 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.  Nothing created an entitlement to the award.  Recommendations and approval through the chain of command were still required.  There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded an Air Medal.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 12 March 1976, the date the applicant was released from active.  The time for the applicant to file a request for correction of any error or injustice expired on 12 March 1979.

The application is dated 17 March 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

___fkm__  ___inw__  __gdp___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1998013896	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 142.00		
3.		
4.		
5.		
6.