PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 September 2002
         DOCKET NUMBER: AR2002070428


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Ms. Melinda M. Darby		Member
Mr. Ronald E. Blakely		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. 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 Distinguished Flying Cross. He also requests correction of item 30 (Remarks) on his DD Form 214 to show his date of appointment to Chief Warrant Officer Two (CW2) as "October 1969" instead of "31 December 1970."

3. The applicant states that the Distinguished Flying Cross was not included under the decorations section of his DD Form 214. He states that the date of service in which he received the Distinguished Flying Cross was "30 March 1969", not "1970" as listed on the award order and citation. He further states that his DD Form 214 shows his date of appointment to CW2 as 31 December 1970 under item 30. He claims that this date was actually his discharge date from active duty and the correct date is October 1969. In support of his application, he submits a copy of his DD Form 214, award certificate and orders awarding the Distinguished Flying Cross.

4. The applicant’s military records show that he served as an enlisted solider in the Regular Army from 23 August 1967 to 8 September 1968 in the Warrant Officer Flight Training Program. He was appointed as a Reserve Warrant Officer on 9 September 1968 in the rank of Warrant Officer One (WO1). He served in Vietnam from 4 October 1968 through 28 September 1969 and was released from active duty on 30 December 1970 in the rank of CW2.

5. The applicant's DD Form 214 does not show the Distinguished Flying Cross as an authorized award.

6. The applicant provided a copy of 1st Aviation Brigade General Orders Number 3517, dated 11 May 1970. These orders indicate that the applicant was awarded the Distinguished Flying Cross for extraordinary achievement while participating in aerial flight in the Republic of Vietnam on 30 March 1970.

7. The applicant's DD Form 214 shows he served in Vietnam from 4 October 1968 through 28 September 1969. There is no evidence of record which shows he was assigned to Vietnam in March 1970.

8. The applicant's service personnel records contain DA Forms 759-1 (Individual Flight Record and Flight Certificate) covering his flight hours in Vietnam for the period October 1968 through June 1969. Sheet Number 1-3 covers the period February through March 1969. This DA Form 759-1 shows the dates the applicant flew missions in Vietnam during March 1969 and specifically shows that he did not fly a military aircraft on 30 March 1969.




9. Item 30 on the applicant's DD Form 214 shows the entry "CW2 Date of Appointment: 31Dec70."

10. The applicant's personnel records contain Headquarters 17th Aviation Group Special Orders Number 250, dated 9 September 1969, which promoted him from WO1 to CW2 with a date of rank of 9 September 1969. The orders show that the applicant was temporarily promoted to the rank of CW2. There is no evidence of record which shows the applicant's date of appointment to CW2 as "October 1969."

11. His records also contain Headquarters U.S. Army Primary Helicopter Center, School and Fort Wolters Special Orders Number 292, dated 10 December 1970, which released him from active duty effective 30 December 1970. These orders state that, all temporary appointments held were terminated on the applicant's effective date of release from active duty. The applicant was then transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 31 December 1970 in the rank of CW2.

12. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

13. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 66B (Insert Sheet to DA Form 66) shows he received credit for participation in the Vietnam Counteroffensive, Phase V Campaign. Table B-1 of Army Regulation 600-8-22 (Military Awards) also shows he is entitled to credit for participation in the Vietnam Counteroffensive, Phase VI Campaign, the Tet 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.

14. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

15. Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the Distinguished Flying Cross. The regulation states that the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. The Board considered the applicant's request for correction of his records to show award of the Distinguished Flying Cross.

2. The Board carefully reviewed 1st Aviation Brigade General Orders Number 3517 submitted by the applicant in support of his claim. These orders show that the date of the action for award of the Distinguished Flying Cross was 30 March 1970. Further, the Board noted that the general orders awarding this Distinguished Flying Cross were published on 11 May 1970.

3. The Board noted that the applicant departed from Vietnam on 28 September 1969. Therefore, he could not have participated in aviation operations in Vietnam on 30 March 1970 which result in award of the Distinguished Flying Cross. Furthermore, the applicant was not assigned to the 1st Aviation Brigade on the date of the operation or the publication date of the general orders which awarded the Distinguished Flying Cross.

4. The Board considered the applicant's claim that the date of action on 1st Aviation Brigade General Orders Number 3517 should be changed to 30 March 1969. However, the applicant's DA Form 759-1 shows that he did not fly on that date.

5. Based on all of the foregoing, there is no basis to amend the applicant's records to show that he was awarded the Distinguished Flying Cross.

6. The Board also considered the applicant's request for correction of his date of appointment to CW2 to show "October 1969" instead of "31 December 1970."

7. There is no evidence of record which shows the applicant's date of appointment to CW2 as "October 1969."

8. Orders show the applicant was temporarily appointed to CW2 with a date of rank of 9 September 1969. At the time of his release from active duty on 30 December 1970, his temporary appointment to CW2 was terminated. He was transferred to the USAR Control Group effective 31 December 1970 in the rank of CW2. As a result, his DD Form 214 was prepared to reflect his date of appointment to CW2 in the USAR as "31 December 1970." Therefore, there is no basis for amending item 30 on the applicant's DD Form 214 to show his date of appointment to CW2 as "October 1969."
9. The Board determined that it would be appropriate to amend item 30 on the applicant's DD Form 214 to show the entry "CW2 Date of Appointment in the USAR: 31 December 1970."

10. Evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

11. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be amended to show this foreign unit award.

12. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214;

b. by showing he was awarded the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c. by amending item 30 (Remarks) on his DD Form 214 to show the entry: "CW2 Date of Appointment in the USAR: 31 December 1970."

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL______ MMD____ REB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070428
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020919
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0132
2.	102.0000
3.
4.
5.
6.