IN THE CASE OF:	

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090012766 


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 the Air Medal.

2.  The applicant states:

* he did not receive an Air Medal
* he went on more than the required 26 combat flights
* he believes he was not recommended for the award because he did not get along with a lieutenant in his unit
* he was on combat flights for 6 months until he was wounded
* friends in his unit received the Air Medal after only 3 months of combat flights

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and an undated statement pertaining to his request for award of the Air Medal.

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 was inducted into the Army of the United States on 29 April 1968.  He completed the training requirements and he was awarded military occupational specialty 11B (light weapons infantryman).  

3.  He served in Vietnam from 18 October 1968 to 30 July 1969.

4.  The applicant was honorably released from active duty on 28 April 1970.  The DD Form 214 that he was furnished shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Army Commendation Medal (First Oak Leaf Cluster)
* Bronze Star Medal with "V" Device

5.  On 12 April 1989 the United States Army Reserve Personnel Center issued him a DD Form 215 (Correction to DD Form 214) to add the Good Conduct Medal and the Purple Heart.

6.  The applicant's records do not contain flight records showing he met the criteria for award of the Air Medal.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, 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's contentions were considered but are not supported by the available evidence.

2.  There is no evidence in the available record and the applicant did not submit any evidence that shows he met the criteria contained in the applicable regulation for award of the Air Medal.

3.  Based on the available evidence, he is not entitled to the Air Medal.

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)                                         AR20090012766



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ABCMR Record of Proceedings (cont)                                         AR20090012766



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