RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060013182 


	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.


x
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show his entitlement to two awards of the Distinguished Flying Cross (DFC 1st Oak Leaf Cluster) and 39 awards of the Air Medal (AM 39th Award).  He further requests that General Orders (GO) Number (#) 711, dated 31 January 1971, be corrected to show his correct Social Security Account Number (SSAN) by changing the eighth digit to 9 vice 4 as is currently shown.  

2.  The applicant states, in effect, that he is requesting an amendment to GO # 711, dated 31 January 1971, which due to a typographical error, incorrectly shows the eighth digit of his SSAN as 4 instead of 9, which is the correct number.  He also states that his separation document (DD Form 214) does not reflect that he earned the DFC 1st Oak Leaf Cluster and AM 39th Award.  He further states that is now his record and separation document be corrected accordingly.  

3.  The applicant provides following documents in support of his application:  
DD Form 214; Headquarters, 1st Aviation Brigade, GO # 8116, dated 20 August 1970; Headquarters, 1st Aviation Brigade, GO # 711, dated 31 January 1971; and AM 39th Award Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 11 August 1970.  The application submitted in this case is dated 
5 September 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows he initially enlisted in the Regular Army and entered active duty on 3 September 1968, and continuously served in an enlisted status until being honorably released from active duty (REFRAD) on 10 August 1969.

4.  On 11 August 1969, the applicant was appointed a Warrant Officer One (WO1).  He was trained in, awarded, and served in specialty number 100B (Aviator).  On 11 August 1970, he was promoted to Chief Warrant Officer Two (CW2).   

5.  Item 2 (Social Security Number) of the applicant's Personnel Qualification Record (2-1) contains his SSAN and shows the eighth digit as 9.  All orders and documents on file in his Official Personnel Military File (OPMF) that list his SSAN, which includes documents authenticated by the applicant with his signature, show the eighth digit of the SSAN as 9.  

6.  The applicant's record contains a Certificate, dated 25 March 1971, which shows he was awarded the 3rd through 39th Award of the AM, for his meritorious achievement while participating in aerial flight while serving in the Republic of Vietnam (RVN) during the period 26 September 1969 through 31 August 1970.

7.  The applicant's record also contains Headquarters, 1st Aviation Brigade, GO # 8116, dated 20 August 1970.  These orders awarded him the DFC, for his heroism while participating in aerial flight evidenced by voluntary actions above and beyond the call of duty during the period 24 February 1970.

8.  On 11 August 1970, the applicant was honorably REFRAD.  The DD Form 214 he was issued at the time shows he completed a total of 2 years, 
8 months, and 28 days of active military service.  Item 3 (Social Security Number) contains his SSAN and lists the eighth digit as 9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Army Aviator Badge; Vietnam Service Medal; Republic of Vietnam Campaign Medal with 1960 Device; AM; AM with "V" (Valor) Device; Bronze Star Medal; DFC; and 2 Overseas Bars.  

9.  The applicant provides a copy of Headquarters, 1st Aviation Brigade, GO # 711, dated 31 January 1971.  These orders awarded him the DFC, for his heroism while participating in aerial flight evidenced by voluntary actions above and beyond the call of duty on 11 May 1970.  The standard name line of these orders, lists the eighth digit of the applicant's SSAN as 4 instead of 9.


10.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the DFC.  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.

11.  Paragraph 3-16 of the awards regulation contains guidance on the AM.  It states, in pertinent part, that it 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, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the eight digit of his SSAN listed in Headquarters, 1st Aviation Brigade, GO # 711, dated 31 January 1971, is incorrect was carefully considered and found to have merit.  The evidence of record confirms the eighth digit of the applicant’s SSAN is 9 and not 4, as is currently listed in these orders, as evidenced by the SSAN entry on the applicant's DA Form 2-1, his DD Form 214, and on documents on file in his OMPF.  As a result, it would appropriate to amend these orders by replacing the eighth digit of the SSAN entry, which is currently the number 4, with the correct number, which is “9”.  

2.  The applicant's contention of entitlement to the DFC 1st Oak Leaf Cluster and AM 39th Award was also carefully considered and found to have merit.  Official orders on file in the applicant's record confirm he was awarded the DFC for heroism on 24 February 1970 and that he was awarded a second DFC for heroism on 11 May 1970.  His record also contains an AM Certificate that confirms he was awarded the 3rd through 39th award of the AM for his meritorious achievement while participating in aerial flight while serving in the RVN during the period 26 September 1969 through 31 August 1970.  Therefore, it would be appropriate to correct his record and separation document to show his entitlement to the DFC 1st Oak Leaf Cluster and AM 39th Award.  


BOARD VOTE:

__x  ___x_  x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  amending Headquarters, 1st Aviation Brigade, General Orders Number 711, dated 31 January 1971, by correcting his SSAN to show the eighth digit as "9" vice 4, 

b.  by showing his entitlement to the Distinguished Flying Cross 1st Oak Leaf Cluster and Air Medal 39th Award; and 

c.  providing him a correction to his separation document that reflects these changes.  
	




_____Eric N. Andersen ____
          CHAIRPERSON




INDEX

CASE ID
AR20060013182
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/17
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1970/08/11
DISCHARGE AUTHORITY
AR
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110
2.
100
3.

4.

5.

6.