IN THE CASE OF:	  

		BOARD DATE:	      2 JUNE 2009

		DOCKET NUMBER:  AR20090003311 


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 (Report of Transfer or Discharge) for the period ending 10 May 1968 to show award of the Distinguished Flying Cross.

2.  The applicant states that his DD Form 214 does not reflect the Distinguished Flying Cross he was awarded for action on 13 June 1966.

3.  The applicant provides a citation for the Distinguished Flying Cross in support of his application.

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 enlisted in the Regular Army on 20 April 1964 for a period of 2 years.  On 10 May 1965, he was honorably discharged to accept a warrant officer appointment.

3.  Orders show the applicant received the first award of the Army Good Conduct Medal for the period 20 April 1964 to 10 May 1965.

4.  The applicant's DD Form 214 for the period ending 10 May 1965 shows the Expert Marksmanship Qualification Badge with Rifle Bar as an authorized award.

5.  The applicant was appointed as a warrant officer one on 11 May 1965 and he entered active duty.  He arrived in Vietnam on 26 March 1966.  He served as a pilot assigned to the 220th Aviation Company in Vietnam from 2 April 1966 through 7 October 1966.  He was assigned to the 54th Aviation Company in Vietnam from 8 October 1966 through 23 March 1967.  On 10 May 1968, he was released from active duty.

6.  The applicant's DD Form 214 for the period ending 10 May 1968 shows the Navy Commendation Medal with "V" Device, the Army Aviator Badge, the Air Medal with Thirteenth Oak Leaf Cluster, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the "VCM w/1 BS," the National Defense Service Medal, and the "VNCM" as authorized awards.

7.  Orders, dated 15 December 1966, show the applicant was awarded the Distinguished Flying Cross for heroism on 13 June 1966 in Vietnam.  These orders were revoked on 29 December 1966.

8.  On 1 March 1967, the Secretary of the Navy approved an award of the Distinguished Flying Cross for the applicant for heroism on 13 June 1966.  The presentation of the Distinguished Flying Cross to the applicant was made on 19 June 1967.

9.  Records show he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 220th Aviation Company was awarded the Navy Presidential Unit Citation for actions during the period 29 March 1966 to 30 January 1967 based on Department of the Army General Orders Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows the 54th Aviation Company was awarded the Meritorious Unit Commendation for actions during the period 1 January 1967 to 31 December 1967 based on Department of the Army General Orders Number 48, dated 1968.

12.  Department of the Army Pamphlet 672-3 also shows the 220th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 based on Department of the Army General Orders Number 22, dated 1968, and the 54th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 based on Department of the Army General Orders Number 22, dated 1968.

13.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

14.  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.  Although the applicant's Army orders for the Distinguished Flying Cross for heroism on 13 June 1966 were revoked, the evidence of record shows that the Secretary of the Navy approved an award of the Distinguished Flying Cross for the applicant for heroism on 13 June 1966 in Vietnam.  The applicant was presented the medal on 29 June 1967.  The Secretary of the Navy's decision, dated 1 March 1967, is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 10 May 1968 to show this award.



2.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 for the period ending 10 May 1968 should be corrected to show this award.

3.  The applicant's unit was cited for award of the Navy Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 10 May 1968 should be corrected to show this award.

4.  The applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 10 May 1968 should be corrected to show this unit award.

5.  The applicant's units were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 for the period ending 10 May 1968 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Orders show the applicant received the Army Good Conduct Medal for the period 20 April 1964 to 10 May 1965.  Therefore, his DD Form 214 for the period ending 10 May 1965 should be corrected to show this medal.

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 adding the Army Good Conduct Medal, the Distinguished Flying Cross, the Navy Presidential Unit Citation, the Meritorious Unit Commendation, two awards of the 


Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 10 May 1968.



      ___________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)                                         AR20090003311



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ABCMR Record of Proceedings (cont)                                         AR20090003311



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