BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100010783


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Distinguished Flying Cross (DFC).

2.  The applicant states, in effect, the General Orders (GO) awarding him the DFC has an incorrect "Date of Service."  He states the event for which he was awarded the DFC occurred on 30 March 1969, but the GO shows 30 March 1970.

3.  The applicant provides a 13 August 2008 letter from a retired Army lieutenant colonel who was assigned to the applicant's unit in Vietnam and participated in the action for which the DFC was awarded.  The retired lieutenant colonel states the action took place on 30 March 1969, not 30 March 1970; the applicant was his wingman flying an armed UH1-C helicopter gunship; both he and the applicant received the DFC in a ceremony at Fort Wolters, TX.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002070428 on 19 September 2002.


2.  The applicant was honorably released from active duty on 30 December 1970 after serving 3 years, 4 months, and 8 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the DFC. 

3.  The applicant provides the 13 August 2008 letter from the retired lieutenant colonel corroborating the date of the action as 30 March 1969, not 30 March 1970.  This document is considered new evidence and requires reconsideration by the Board.

4.  In denying the applicant's request in 2002, the Board noted two things.  First, the 30 March 1970 date of the action as shown on GO Number 3517, dated 11 May 1970.  The Board also noted the applicant left Vietnam for return to the continental United States on 28 September 1969; he was not even present in-country during the action.  Secondly, the applicant's flight records, DA Form
759-1 (Individual Flight Record and Flight Certificate - Army) do not reflect any flying time for 30 March 1969.  Even if the Board accepted the 1969 date as accurate, the applicant's records show he did not participate.

5.  GO Number 3517 is listed in the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  The citation on GO Number 3517 does not provide information concerning the location of the action or the ground units involved; it merely states "an allied task force" was extracted from a hostile fire area.  This makes it extremely difficult to verify the date as being either 30 March 1969 or 30 March 1970.  The citation reads the DFC is awarded to the listed men of the 119th Aviation Company:

For extraordinary achievement while participating in aerial flight evidenced by voluntary actions above and beyond the call of duty:  These men distinguished themselves by exceptionally valorous actions while serving aboard Army helicopters during the extraction of an allied task force and personnel from a friendly firebase.  On their initial approach to the ground force's location, their aircraft came under intense fire from enemy small arms and rockets.  Despite the hostile fire and the bad weather conditions, which made landing even more difficult, they expertly guided their aircraft into the landing zone for the pick-up.  Without regard for their personal safety and with weather 


conditions continuing to worsen, they returned three times to extract the task force under heavy enemy fire.  After refueling, they joined the flight as the extraction of the firebase began.  While on initial approach into the firebase, their aircraft were again subjected to intense hostile fire, and enemy artillery and mortar rounds were impacting near and around the aircraft.  Again they braved the enemy fire and returned for three sorties to complete the final extraction, the last sortie of which 
was accomplished after dark.  Their exceptional heroism, devotion to 
duty, and remarkable professional competence were immeasurably responsible for the success of the operation.  Their actions were in keeping with the highest traditions of the military service and reflect great credit upon themselves, their unit, and the United States Army.

6.  The applicant states he was awarded the DFC for his actions on 30 March 1969, but it wasn't included on his DD Form 214.  His comrade-in-arms, a retired Army lieutenant colonel, corroborates the applicant's statement in a 13 August 2008 letter.  The retired lieutenant colonel's interactive Personnel Electronic Records Management System (iPERMS) record contains GO Number 3517 and his retirement DD Form 214 shows the DFC as an authorized award.

7.  An Army Times article from 5 May 1969 described the events of March 1969 during which Task Force Alpha (TFA) was engaged by a large enemy unit which almost overran a small firebase on Hill 467 near Polei Kleng.  The article describes how the helicopter of the 119th Assault Helicopter Company repeatedly braved intense fire to lift the infantrymen from the hill.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a letter from a retired officer whose name appears on GO Number 3517 and who has the DFC listed on his DD Form 214.  The officer corroborates the applicant's assertion as to the 30 March 1969 date, his participation in the action, and his being awarded the DFC.

2.  Historical documents prove the action occurred in 1969, not 1970.

3.  The applicant's name appears on the GO and the GO is found in ADCARS.

4.  While this Board cannot reconcile why the applicant's flight records do not show that he flew on 30 March 1969, the GO is accepted as proof he participated.

5.  The applicant's DD Form 214 should be corrected to show the DFC.

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 amendment of the ABCMR’s decision in Docket Number AR2002070428, dated 19 September 2002.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Distinguished Flying Cross.



      __________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)                                         AR20100010783



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ABCMR Record of Proceedings (cont)                                         AR20100010783



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