BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090014644 


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 the following awards:

* Distinguished Flying Cross (First Oak Leaf Cluster)
* Bronze Star Medal
* Purple Heart

2.  He also requests replacement medals and copies of the citations for these awards.

3.  The applicant states the following:

* He received the Bronze Star Medal and Distinguished Flying Cross with First Oak Leaf Cluster on 9 February 1968

* Neither award was shown on his DD Form 214

* He was issued a DD Form 215 (Correction to DD Form 214) to add the Distinguished Flying Cross

* He was hit by ground fire on 26 February 1968 which damaged his helicopter and resulted in a crash

* The crash was the result of enemy ground fire

* He was medically evacuated to the hospital where he received the Purple Heart

* A fire occurred destroying his medals

* He was not aware the awards were not reflected on his DD Form 214

4.  The applicant provides the following information:

* A letter to the U.S. Army Human Resources Command (USAHRC), Alexandria, VA, dated 29 October 2008
* A letter to him from USAHRC-Alexandria, dated 29 June 2009
* A letter to the National Archives, College Park, MD, dated 13 July 2009
* A letter to the National Personnel Record Center, St. Louis, MO, dated
13 July 2009
* A letter to the Chief, Military Awards Branch, USAHRC-Alexandria, dated 11 July 2009
* DD Form 214
* DD Form 215
* General Orders Number 7533, dated 27 July 1968
* DA Form 20 (Enlisted Qualification Record)
* A copy of pages from a book "They Marched Into Sunlight"

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 12 August 1966.  He was honorably discharged on 31 July 1967 to accept an appointment as a warrant officer.


3.  His DD Form 214 for the period ending 31 July 1967 shows the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber Pistol)

4.  The applicant accepted an appointment as a warrant officer in the U.S. Army Reserve (USAR) on 1 August 1967 and entered active duty that date.  He immediately transferred to Vietnam with duty assignment as a helicopter instructor.

5. A DA Form 2173 (Statement of Medical Examination and Duty Status) shows he was injured in a helicopter crash on 26 February 1968.  He was returning from a combat mission when anti-torque rotor failure caused the aircraft to crash.

6.  On 27 July 1968, General Orders Number 7533, published by Headquarters, 1st Infantry Division, awarded the applicant the Distinguished Flying Cross (First Oak Leaf Cluster) for heroism while participating in aerial flight on 9 February 1968.

7.  The applicant's records do not contain orders awarding him a Distinguished Flying Cross prior to his being awarded the Distinguished Flying Cross (First Oak Leaf Cluster).  His records also do not contain orders awarding him the Bronze Star Medal or the Purple Heart.

8.  He was honorably released from active duty on 31 July 1970.  His DD Form 214 shows the following awards:

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviation Badge
* Air Medal (11 Oak Leaf Clusters)
* Army Commendation Medal
* National Defense Service Medal



9.  The applicant's name is not shown on the Vietnam Casualty Roster.  Additionally, the Awards and Decorations Computer-Assisted Retrieval System 
(ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of USAHRC-Alexandria does not contain any orders awarding him the Purple Heart, Bronze Star Medal, or a second Distinguished Flying Cross.

10.  The applicant submits copies of self-authored letters written to USAHRC-Alexandria, National Archives, and the National Personnel Record Center requesting replacement awards and citations for the Distinguished Flying Cross, Bronze Star Medal, and the Purple Heart.

11.  On 29 June 2009, USAHRC-Alexandria notified the applicant that they are unable to verify his entitlement to a second Distinguished Flying Cross, a Bronze Star Medal, or a Purple Heart.  However, USAHRC-Alexandria issued him a DD Form 215 amending his DD Form 214 to delete the Vietnam Service Medal and the Air Medal (11 Oak Leaf Clusters) and to add the following awards:

* Vietnam Service Medal with two bronze service stars
* Air Medal (Numeral 13)
* Distinguished Flying Cross
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

12.  Army Regulation 600-8-22 (Military Awards) provides 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.

13.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation states that authority to award the Purple Heart was delegated to hospital 
commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

15.  U.S. Army Vietnam Regulation 672-1 states that the Bronze Star Medal may have been awarded for heroism, meritorious achievement, or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Distinguished Flying Cross (First Oak Leaf Cluster), Bronze Star Medal, and the Purple Heart.

2.  His contentions have been noted.  However, the available evidence does not show his entitlement to a second award of the Distinguished Flying Cross.  Although General Orders Number 7533 show he was awarded the Distinguished Flying Cross (First Oak Leaf Cluster) there are no orders contained in his record or in ADCARS showing that he was ever awarded the first award of the Distinguished Flying Cross.  Therefore, he is not entitled to have a second award included on his DD Form 214.

3.  There are no orders in the applicant’s official records or in ADCARS showing that he was awarded the Bronze Star Medal or the Purple Heart.  His name is not listed on the Vietnam Casualty Roster as being wounded as a result of hostile action by the enemy.  It does not appear that he was ever issued either of these awards; therefore, they cannot be included on his DD Form 214.

4.  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:

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.



      __________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)                                         AR20090014644



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ABCMR Record of Proceedings (cont)                                         AR20090014644



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