IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150006091 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 (Report of Separation from Active Duty) to show award of the Air Medal with "V" Device. 2. The applicant states: * his battlefield award of the Air Medal with "V" Device needs to be documented * the medal was pinned on him by the commanding general of the 1st Cavalry Division in 1971, but no orders were ever received for it 3. The applicant provides: * self-authored statement describing the events of 30 June 1971 * DD Form 214 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's complete military records are not available to the Board for review. 3. His DD Form 214 shows he entered active duty on 5 December 1968. He served as a pilot in Vietnam from 15 July 1970 to 14 July 1971. On 30 June 1974, he was released from active duty. 4. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Army Aviation Badge * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Bronze Star Medal with 1st Oak Leaf Cluster * Army Commendation Medal * Air Medal (23rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. There are no orders for the Air Medal with "V" Device in the available records. 6. He provided a self-authored statement describing the events of 30 June 1971 wherein he stated: a. On or about 30 June 1971, he had 15 days before his tour ended. He was the aircraft commander of a UH-1H (Huey helicopter), flying command and control for the 1st Squadron, 12th Cavalry Regiment. That morning the radio began barking loudly and they were told to crank up and get ready to go. As they lifted off the pad, his operations officer was briefing him on what had happened. One of the companies was under heavy enemy fire in dense jungle and most of their machine guns were jammed. b. The operations officer wanted him to hover the helicopter over the company at treetop level and they would lower replacement machine guns by rope. It was windy that day. In spite of the wind, he held it steady enough over a small opening in the trees that the guys in back let down three new machine guns on rope. Then they took off. c. They were barely refueled and shut down when the same unit called for more help. They needed more machine guns and more ammunition and they needed it quickly. They repeated the mission and returned. d. Twice more that day they were called to take guns, ammunition, and medical supplies to the troops on the ground. Each time they were told they were being shot at as they approached and departed. e. The next day he was awarded the Air Medal with "V" Device by the brigade commander. 7. Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Air Medal. DISCUSSION AND CONCLUSIONS: Although the applicant contends he was awarded the Air Medal with "V" Device for heroism in the Republic of Vietnam on 30 June 1971, there are no orders for this medal in his available records. The evidence of record is insufficient with which to base adding this medal to his DD Form 214. 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 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) AR20150006091 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006091 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1