IN THE CASE OF:	  

		BOARD DATE:	  9 July 2009

		DOCKET NUMBER:  AR20090002714 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Distinguished Flying Cross; the issuance of an original certificate that shows award of the Distinguished Flying Cross and a corresponding medal; and the issuance of a certificate that shows he was awarded the Air Medal with "V" Device with a corresponding medal.

2.  The applicant states his DD Form 214 does not show his award of the Distinguished Flying Cross.  He also states that he has not received the certificate that shows he was awarded the Air Medal for heroism or the corresponding medal. 

3.  The applicant provides a copy of his DD Forms 214, dated 17 May 1970 and 18 June 1971, and a copy of General Orders Number 8116, issued by Headquarters, 101st Airborne Division, on 1 August 1971, showing award of the Distinguished Flying Cross, in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 17 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67N (Helicopter Mechanic).  He was honorably discharged in the rank of specialist five on 17 May 1970 for the purpose of accepting appointment as a warrant officer.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant's records also show he was appointed as a Reserve warrant officer of the Army on 18 May 1970.  He held MOS 100B (Rotary Wing Helicopter Pilot) and attained the rank chief warrant officer two (CW2).  

5.  The applicant's records further show that he served in the Republic of Vietnam from on or about 15 June 1970 to on or about 14 June 1971.  He was assigned to Company A, 101st Aviation Battalion.

6.  Item 24 of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with bronze star, and the Air Medal (1st through 32nd Oak Leaf Cluster) and "V" Device.  Item 24 does not show award of the Distinguished Flying Cross. 

7.  The applicant was awarded the Distinguished Flying Cross for heroism while participating in aerial flight on 4 May 1971 in the Republic of Vietnam.  General Orders Number 8116, Headquarters, 101st Airborne Division, dated 1 August 1971, cited the following reason:

[Applicant] distinguished himself on 4 May 1971 while serving as aircraft commander of a UH-1H helicopter during a troop insertion mission southwest of the A Shau Valley, Republic of Vietnam.  After a small reconnaissance team had been inserted, the team came in contact with a numerically superior enemy force and became pinned down.  Upon receiving a request for extraction, [Applicant] piloted his aircraft to the contact area.  While landing near the besieged troops, [Applicant's] aircraft came under intense enemy fire.  When the beleaguered troops were aboard he piloted his aircraft through a barrage of enemy fire and cleared the contact area.  [Applicant's] helicopter had sustained several damaging hits and was forced to make an emergency landing to wait for a recovery aircraft.  

8.  The applicant was awarded the Air Medal with "V" Device for heroism while participating in aerial flight in Laos on 26 February 1971.  General Orders Number 7040, Headquarters, 101st Airborne Division, dated 1 June 1971, cited the following reason:

[Applicant] distinguished himself on 26 February 1971 while serving as pilot of UH-1H utility helicopter during combat operations in support of the Army of the Republic of Vietnam troops in Laos.  With a fire base in danger of being overrun, [Applicant] was assigned to fly the Signal Battalion Commander and his aide to coordinate the activities of the ground unit.  Despite the intense antiaircraft fire, he held his orbit while the passengers mapped out the enemy positions.  Although being low on fuel, he remained on station skillfully evading the enemy fire until the last possible moment to gain vital information.  

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 101st Aviation Battalion was awarded two awards of the Valorous Unit Award from 22 June 1970 to 23 July 1970 based on Department of the Army General Orders Number 50, dated 1971 and from 3 March 1971 to 20 March 1971 based on Department of the Army General Orders Number 5, dated 1973; the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 March 1971 to 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 30 October 1970 to 7 December 1970 based on Department of the Army General Orders Number 11, dated 1973.



11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in DA Sanctuary Counteroffensive from 1 May 1970 to 30 June 1970 and the Vietnam Counteroffensive Phase VII from 1 July 1970 to 30 June 1971 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, item 28 (Record of Assignment) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an excellent conduct and efficiency rating throughout his enlisted service. 

13.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Distinguished Flying Cross and that he should be issued an original certificate that shows award of the Distinguished Flying Cross and the Air Medal with "V" Device as well as the appropriate medals. 

2.  General orders awarded the applicant the Distinguished Flying Cross for heroism while participating in aerial flight on 4 May 1971 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  Additionally, he should also be issued an original certificate pertaining to this award.

3.  General orders awarded the applicant the Air Medal with "V" Device for heroism while participating in aerial flight in Laos on 26 February 1971.  This award is already listed on his DD Form 214; however, he has not received the appropriate certificate and should therefore be issued a certificate pertaining to this award.  

4.  General Orders awarded the applicant’s unit two awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably as an enlisted member from 17 January 1968 through 17 May 1970.  He attained the rank of SP5/E-5 and was accepted for appointment as a warrant officer.  Additionally, he received an excellent conduct and efficiency rating through his enlisted military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

7.  With respect to the issuance of the actual medals, the applicant is advised that the ABCMR corrects records; it does not issue medals.  Requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100, with appropriate evidence.  As such, this portion of the request will not be discussed further in the proceedings.  

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 January 1968 through 17 May 1970; 

	b.  adding award of the Good Conduct Medal (1st Award), the Distinguished Flying Cross, two awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service star be affixed to his already-awarded Vietnam Service Medal; and

	c.  issuing the applicant new certificates showing award of the Distinguished Flying Cross and the Air Medal with "V" Device.




      _______ _   _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)                                         AR20090002714



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ABCMR Record of Proceedings (cont)                                         AR20090002714



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