IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100009451 


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 Distinguished Flying Cross.

2.  The applicant states that Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9692, dated 10 August 1968, awarded him the Distinguished Flying Cross.  He adds that the social security account number (SSAN) that appears on the orders is incorrect, which may be the reason the award was not added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and the general orders 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.  His DD Form 214 shows the applicant enlisted and entered active duty in the Regular Army for a period of 2 years on 15 June 1966 and he was honorably discharged on 5 June 1967 to accept appointment as a warrant officer.

	a.  At the time he had completed 11 months and 21 days of net active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and National Defense Service Medal.

3.  The applicant was appointed as a Reserve warrant officer on 6 June 1967.  His military personnel records show the last four digits of his SSAN as "3523" and his service number (SN) as "W3 XXX 422."

4.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service) that he served in Vietnam from 31 July 1967 through 30 July 1968;

	b.  item 18 (Record of Assignments) that he served as a rotary wing pilot while assigned to the 11th General Support Aviation Company, 1st Cavalry Division (Airmobile), from 3 August 1967 through 22 July 1968;

	c.  item 21 (Awards and Decorations) the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal with 33rd Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, two overseas service bars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d.  item 22 (Campaigns) that he served during the Vietnam Counteroffensive Phase III campaign.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9692, dated 10 August 1968, awarded the applicant the Distinguished Flying Cross for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 31 July 1967 to 30 July 1968.

	a.  The SSAN shown on the orders is incorrect by one digit.

	b.  The SN shown on the orders is correct.

6.  A DD Form 214 shows the applicant was honorably released from active duty on 20 April 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  At the time he had completed 2 years, 10 months, and 15 days of net active service; 11 months and 21 days of other service; and 1 year of foreign service.

	b.  Item 24 shows the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal with 33rd Oak Leaf Cluster, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Aviator Badge, two overseas service bars, and National Defense Service Medal.

7.  A review of the applicant's military personnel records reveals that he is authorized additional decorations that are not shown on his DD Form 214.

8.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Distinguished Flying Cross because general orders announced the award, but the award is not recorded on his DD Form 214.

2.  General orders announced award of the Distinguished Flying Cross to the applicant.  The evidence of record shows the applicant's SSAN is incorrect by one digit; however, his SN is correct on the general order.  Thus, it is concluded that the applicant was awarded the Distinguished Flying Cross and his DD Form 214 should be corrected to show this award.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the Republic of Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show award of four bronze service stars to be affixed 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.  correcting Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9692, dated 10 August 1968, by replacing the SSAN shown on the orders with his correct SSAN;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Distinguished Flying Cross and Vietnam Service Medal with four bronze service stars.



      _____________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)                                         AR20100009451



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ABCMR Record of Proceedings (cont)                                         AR20100009451



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