IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018797 


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 is the spouse of the deceased former service member (FSM) and she requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Distinguished Flying Cross.

2.  The applicant states that the records awarding the FSM the Distinguished Flying Cross were probably either lost or destroyed in Asia.  She states that the information was not recorded in the FSM's permanent records.

3.  The applicant provides in support of her application, a copy of the FSM's Certificate of Death; a photograph of a Distinguished Flying Cross; a newspaper article dated 7 April 1971, indicating that the FSM was awarded the Distinguished Flying Cross; a copy of an undated newspaper article referencing his Army service; a copy of a Vietnam Helicopter Pilots Association (VHPA) Members listing; a copy of the FSM's Identification and Privilege Card; copies of the FSM's DD Forms 214; and a Personal Testimony.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show that on 19 February 1969, he enlisted in the Regular Army in Kansas City, Missouri, for 2 years, in the pay grade of E-1.  



2.  He was honorably discharged on 8 February 1970 to accept an appointment as a Reserve warrant officer.  The DD Form 214 that the FSM was furnished at the time of his discharge shows that he was awarded the Expert Marksmanship Qualification Badge (Rifle M-14), the Expert Marksmanship Qualification Badge (Rifle M-16), the Sharpshooter Marksmanship Qualification Badge (Pistol .45 Caliber), and the National Defense Service Medal.

3.  On 9 February 1970, the FSM accepted an appointment as a warrant officer one (WO1) in the United States Army Reserve (USAR) as a utility/observation helicopter pilot and he was ordered to active duty for a 3-year commitment.  He arrived in Vietnam on 18 March 1970 and he was promoted in chief warrant two (CW2) on 9 February 1971.

4.  The FSM returned to the Continental United States on 17 March 1971.  He was honorably released from active duty (REFRAD) on 19 March 1971 and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.  The DD Form 214 that the FSM was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Bronze Star Medal, the Army Aviation Badge and the Air Medal.

5.  The FSM accepted an appointment as a CW2 in the Colorado Army National Guard on (COARNG) on 25 September 1975.  His records show that he was honorably separated from the COARNG on 9 September 1977 under the provisions of National Guard Regulation 635-101, due to resignation and that he was transferred to the USAR Control Group to complete his Reserve obligation.  The NGB Form 22 (Report of Separation and Record of Service) that he was furnished does not list any awards for this period of service.

6.  The FSM was promoted to chief warrant three (CW3) in the USAR on 20 March 1977.

7.  On 5 January 1984, Orders D-01-000055 were published honorably discharging the FSM from the USAR (Ready) effective 5 January 1984.

8.  The newspaper article that the applicant submitted in support of her application is dated 7 April 1971 and it shows that the FSM was awarded the Distinguished Flying Cross for heroism, the Bronze Star Medal for achievements, the Air Medal w/Numeral "2" and "V" Device for valor, several medals from the 

South Vietnamese, the Army Commendation Medal and the Air Medal w/Numeral "28."  The undated newspaper article provides the FSM's Army service.  The VHPA Members listing includes the FSM's name and history.  The Certificate of Death shows that the FSM died on 31 December 2006.

9.  The Personal Testimony that the applicant submitted is dated 28 October 2008.  In her testimony, she states that during the first part of June 1970, on or about 9 June 1970 through 12 June 1970, the FSM's aircraft became disabled but made it back for an emergency landing.  She states that his aircraft bounced hard and skidded down the runway sideways.  She provides the names of the crew chief and the door gunner and she provides details of the injuries sustained by the door gunner as a result of the landing.  In her Personal Testimony, the applicant states that during the middle to latter part of June 1970 an impact awards presentation ceremony was held and the crew to which the FSM was assigned received the Distinguished Flying Cross by the battalion commander.  She states that when the FSM inquired about the paperwork that was supposed to accompany receipt of the medal, he was told that it would be forwarded later.  The applicant states that the paperwork never caught up with the FSM and the award was never included on his DD Form 214.

10.  A review of the FSM's official records does not show that he was ever awarded the Distinguished Flying Cross.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not show that orders were ever published awarding the FSM the Distinguished Flying Cross.

12.  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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's DD Form 214 should be corrected to show that he was awarded the Distinguished Flying Cross.

2.  Her contentions have been noted.  However, there is no evidence in the FSM's official records that shows that he was ever awarded to Distinguished Flying Cross.

3.  The photograph, newspaper articles, and Personal Testimony that the applicant submitted in support of her application have been considered.  However, none of these documents are sufficiently mitigating to warrant the requested relief.  Neither his official record nor the ADCARS show that orders were ever published awarding the FSM the Distinguished Flying Cross while he was in the Army and therefore, it would not be appropriate to include this award on his DD Form 214.  

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  Regrettably, in view of the foregoing there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.




      _______ _XXX   _______   ___
               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)                                         AR20080018797



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ABCMR Record of Proceedings (cont)                                         AR20080018797



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