IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013005
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 that the Distinguished Flying Cross reflected on his 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be deleted.
2. The applicant states he was never awarded a Distinguished Flying Cross and noted that error along with several others during his out-processing for retirement. He states when he picked up his corrected DD Form 214 he overlooked the fact that the Distinguished Flying Cross had not been removed from the document. He noticed the award was still on his DD Form 214 when he was reviewing the document in 2009.
3. The applicant provides a copy of his 2008 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant initially entered military service as an enlisted Soldier with the Army National Guard. He was commissioned as a second lieutenant in 1985 following completion of the Reserve Officers' Training Corps program and in December 1988 was ordered to active duty.
2. Between December 2001 and April 2002 the applicant served with the 10th Mountain Division in Afghanistan as the Forward Support Operations Officer.
3. On 31 May 2008 the applicant was retired with sufficient service for retirement. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 2008 DD Form 214 reflects the Distinguished Flying Cross.
4. There is no evidence in the available records which shows the applicant was ever recommended for or awarded the Distinguished Flying Cross.
5. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
6. Army Regulation 635-5 (Separation Documents) states that block 13 of the DD Form 214 will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records which shows the applicant was ever recommended for or awarded the Distinguished Flying Cross. While the Board does acknowledge that award entries are often made on the DD Form 214 which cannot be verified by a Soldiers records, in this case there would be no reason for the Board to second guess the validity of the award he is asking to have removed. However, it would be unreasonable to expect that an individual would request an action be taken which would normally be contrary to his interest.
2. It would be appropriate to delete the Distinguished Flying Cross from the applicants 2008 DD Form 214.
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 the Distinguished Flying Cross be deleted from block 13 of the individuals 2008 DD Form 214.
____________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) AR20090013005
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ABCMR Record of Proceedings (cont) AR20090013005
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