RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           08 JANUARY 2004                  
	DOCKET NUMBER:   AR2003089758

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

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Linda M. Barker		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show he was awarded the Air Medal.

2.  The applicant states that he spent a lot of time on combat assaults in aircrafts and Chinook helicopters while serving in Vietnam.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 19 October 1970.  The application submitted in this case is dated 9 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 17 April 1969, for a period of 
2 years.  He completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Lewis, Washington.  He served in Vietnam from October 1969 to October 1970, with Company E, 1st Battalion, 
6th Infantry.  

4.  On 19 October 1970, he was honorably discharged, under the provisions of Army Regulation 635-200, chapter 5, for early separation of overseas returnee.
His DD Form 214 indicates he had 1 year, 7 months and 3 days of creditable service, and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal with 2 Overseas Service Bars, and the Vietnam Campaign Medal.  

5.  By virtue of his assignment with Company E, 1st Battalion, 6th Infantry, during his tour in Vietnam from October 1969 to October 1970, the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with 3 bronze service stars for his participation in the following campaigns, the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and the Vietnam Counteroffensive Phase VII.

6.  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), and is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires then to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant’s available records, nor did the applicant provide documentation to show he was recommended for award of the Air Medal.

2.  While the applicant contends that he spent a lot of time in military aircrafts and helicopters while in Vietnam, there is no evidence in his available records that show his involvement or duty performance in aerial flights.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 19 October 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 October 1973.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KAN __  __JTM __  __LMB __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the Republic of Vietnam Gallantry Cross Unit Citation w/Palm, and the Vietnam Service Medal with 3 bronze service stars.  

		__Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2003089758	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040108	
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.	107.0018	
2.		
3.		
4.		
5.		
6.