IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017176 


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 his rank as sergeant (SGT) and award of the Distinguished Flying Cross.

2.  The applicant states that his correct rank and the award are missing from his DD Form 214.

3.  The applicant provides a copy of his 8 June 1968 DD Form 214 and a photograph with a newspaper article.

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 DD Form 47 (Record of Induction) shows he was inducted  into the Army of the United States on 9 June 1966.  He served in Vietnam from 12 May 1967 to 29 November 1968.  He was honorably released from active duty on 7 December 1968 and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  He was credited with 2 year,               5 months, and 29 days of total active service.

3.  The applicant provided a DD Form 214 that covers the period 9 June 1966 to 8 June 1968.  This form does not show his rank and award of the Distinguished Flying Cross is not contained on this form.

4.  A newspaper release article and photograph stated that the applicant was awarded the Distinguished Flying Cross during a ceremony that took place on 
27 May 1970 for heroism while participating in aerial flight during his service in Vietnam.  The article lists his rank as SGT.

5.  The DD Form 214 contained in the applicant's record shows his period of service from 9 June 1966 to 7 December 1968.  Item 5a of this form shows his grade as SGT.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the following awards:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, "Flying Cross," Purple Heart, Air Medal, and Bronze Star Medal.

6.  General Orders Number 6381, published by Headquarters, 1st Aviation Brigade, dated 16 September 1968, awarded the applicant the Distinguished Flying Cross for heroism in the Republic of Vietnam on 24 May 1968 while participating in aerial flight as evidenced by voluntary actions above and beyond the call of duty.

7.  Item 30 (Remarks) of this DD Form 214 shows he was released from the Army of the United States on 8 June 1968 and ordered to active duty in the USAR for 6 months effective 9 June 1968.

8.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on his DD Form 214.

9.  General Orders Number 4925, published by Headquarters, 1st Aviation Brigade, dated 22 July 1968, awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service while serving in the Republic of Vietnam during the period September 1967 to June 1968.

10.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Orders Number 8, dated 1974.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in six campaigns during his tour of duty in 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.  A silver service star is worn instead of five bronze service stars.  Based on his service in Vietnam he is credited with participation in the following campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 7 December 1968 shows that his status was changed from active duty in the AUS to active duty with the USAR on 8 June 1968.  It appears that on 8 June 1968 he was prematurely issued an incomplete DD Form 214 upon his change of status.  However, his
7 December 1968 DD Form 214 correctly shows his rank as SGT and his award of the "Flying Cross," which should have been listed as the Distinguished Flying Cross.  A copy of the applicant's DD Form 214 for the period ending 7 December 1968 will be provided to him with these Proceedings.

2.  Evidence of record shows that the applicant is entitled to an ARCOM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The evidence also shows that the applicant participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of one silver service star and one bronze service star to be worn on his already-awarded Vietnam Service 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:

   a.  deleting from item 24 of his DD Form 214 for the period ending
7 December 1968 the "Flying Cross" and Vietnam Service Medal and

	b.  adding to item 24 of his DD 214 for the period ending 7 December 1968 the Distinguished Flying Cross, Army Commendation Medal, Vietnam Service Medal with 1 silver service star and one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20090017176



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ABCMR Record of Proceedings (cont)                                         AR20090017176



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