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