BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004549 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 he served with Company D and Company E, 1st Battalion, 46th Infantry, 196th Infantry Brigade, Americal Division, and the only way to travel in and out of the field was by helicopter and/or to walk. He contends that his name was put in for the Air Medal along with a large number of other Soldiers wounded or killed in action; however, his original paperwork was lost. He further states that he completed 14 combat assaults, 28 airlifts, 3 medical airlifts, 12 transport flights, and 4 Eagle flights. He names three fellow Soldiers who were awarded the Air Medal. 3. The applicant provides: * his Combat Infantryman Badge (CIB) orders * his Certificate of Recognition for participation in the Republic of Vietnam (RVN) * an Air Medal Citation and Air Medal orders belonging to other Soldiers 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 10 March 1970. He was trained in and awarded military occupational specialty 11B (light weapons infantryman). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 15 August 1970 to 14 August 1971. Item 38 (Record of Assignments) shows he was assigned to Company D and Company E, 1st Battalion, 46th Infantry, 196th Infantry Brigade, Americal Division, performing the duties of a rifleman. 4. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant. 5. His DD Form 214 does not show award of the Air Medal. 6. The applicant provides: a. His CIB orders, effective 25 September 1970; b. An Air Medal Citation presented to Sergeant (SGT) KDK, for the period 18 July 1970 to 14 May 1971; and c. Permanent Orders, dated 19 January 1983, awarding the Air Medal to SGT AHO, for the period June 1970 to June 1971. 7. A review of ADCARS also shows the individuals referred to above were awarded the Air Medal while assigned to Company D, 1st Battalion, 46th Infantry, 23rd Infantry Division. 8. The applicant’s record is void of flight records or documents showing his participation in aerial flights. 9. 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. DISCUSSION AND CONCLUSIONS: The applicant's request to have the Air Medal added to his DD Form 214 was carefully considered; however, there is no evidence in the available records and the evidence provided by the applicant is insufficient to show he met the eligibility criteria for award of 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) AR20150004549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1