BOARD DATE:	  16 September 2010 

		DOCKET NUMBER:  AR20100010455 


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 award of the Distinguished Flying Cross and two awards of the Purple Heart.

2.  The applicant states he received a Purple Heart in December 1969 and again in March 1970, both awarded by hospital commanders.  He also contends that in July 1970 he was recommended for the Distinguished Flying Cross, but he was discharged before receiving it.

3.  The applicant provides, in support of his application, copies of a DA Form 759 (Individual Flight Record and Flight Certificate); his DD Form 214 ending on 
29 December 1970; a Department of Veterans Affairs (VA) Form 21-6782 (Original Disability Compensation); page 4 of his DA Form 66 (Officer Qualification Record); a Standard Form (SF) 89 (Report of Medical History), dated 2 November 1970; an SF 88 (Report of Medical Examination), dated 
2 November 1970; and an SF 513 (Clinical Record), dated 4 November 1970.

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.  On 22 July 1968, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was enrolled in the Warrant Officer Candidate Course.  He subsequently completed both the primary and the advanced Warrant Officer Rotary Wing Aviation Courses and was discharged on 29 June 1969 for the purpose of accepting an appointment as a warrant officer.

3.  On 30 June 1969, the applicant was appointed as a warrant officer one (WO1) with immediate call to active duty.  He immediately departed Fort Stewart, Georgia, for duty in the Republic of Vietnam.

4.  On 7 August 1969, the applicant was assigned for duty as an Army aviator with C Troop, 7th Squadron, 1st Cavalry Regiment, in the Republic of Vietnam.

5.  General Orders Number 50, 3rd Surgical Hospital, dated 30 March 1970, awarded the applicant the Purple Heart for wounds received in action on 
28 March 1970.  The order indicates this was his first award of the Purple Heart.

6.  On 30 July 1970, the applicant returned to the United States for duty at Fort Rucker, Alabama.

7.  On 29 December 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of chief warrant officer two, pay grade W-2, and had completed a total of 2 years, 5 months, and 8 days creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Aviator Badge, Air Medal with two Oak Leaf Clusters and the "V" Device, Republic of Vietnam Campaign Medal with 1960 Device, Vietnam Service Medal, and the Bronze Star Medal with one Oak Leaf Cluster.

9.  The applicant's DA Form 66 shows in Item 21 (Awards and Decorations): the same awards as shown on his latest DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes 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.

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 7th Squadron, 1st Air Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 53, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Review of 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 the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Distinguished Flying Cross or a second Purple Heart.

14.  The Vietnam Casualty Roster only shows the applicant was hospitalized for wounds received on 28 March 1970.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Distinguished Flying Cross and two awards of the Purple Heart.

2.  General orders show that the applicant was awarded the Purple Heart for wounds sustained on 28 March 1970.  However, there is no available evidence of record showing that the applicant was previously or subsequently wounded as a result of enemy action.  Therefore, his records should be corrected to show award of only one Purple Heart.

3.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  There are no orders or other evidence on file in his Official Military Personnel File that confirms award of the Distinguished Flying Cross.  In the absence of authority for this award, he may request award of this medal under the provisions of Section 1130 of Title 10 of the U.S. Code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  __x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Distinguished Flying Cross or a second Purple Heart.



      _______ _   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)                                         AR20100010455





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ABCMR Record of Proceedings (cont)                                         AR20100010455



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