IN THE CASE OF:  

		BOARD DATE:  20 November 2018

		DOCKET NUMBER:  AR20170003276


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  20 November 2018

		DOCKET NUMBER:  AR20170003276


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.


		IN THE CASE OF:  .  

		BOARD DATE:  20 November 2018

		DOCKET NUMBER:  AR20170003276


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal.

2.  The applicant states he had orders for the Air Medal when he was being released from active duty but the award was not added to his DD Form 214.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records. 

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

* Official Military Personnel File (OMPF) 
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 
* Awards and Decorations Computer-Assisted Retrieval System (ADCARS)

REFERENCES:

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.  

2.  Army Regulation 600-8-22 (Military Awards) states 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION:

1.  While 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 served on active duty from 8 May 1969 through 7 May 1971.

3.  His DA Form 20 shows he served but does not include an entry to show he was awarded or authorized the Air Medal.

4.  His record does not contain orders awarding him the Air Medal.  

5.  His DD Form 214 for the period ending 7 May 1971 does not list the Air Medal. 

6.  Review of the ADCARS (an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command) failed to reveal any orders awarding the applicant the Air Medal.

7.  The Air Medal is a personal decoration.  Personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders.  His record does not contain a recommendation of or an order awarding him the Air Medal.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20170003276



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170003276



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2