IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100016721 


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 he was awarded the following:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Distinguished Flying Cross

2.  The applicant states his DD Form 214 does not list his Vietnam service medals which include the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Distinguished Flying Cross.  He states he was assigned to Company B, 7th Battalion, 17th Air Cavalry Division.

3.  The applicant provides:

* two copies of his DD Form 214
* two copies of his Veterans Administration Card
* a copy of a photograph of an Army helicopter

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 27 February 1970, the applicant enlisted in the Regular Army for 3 years.  He completed training as a helicopter repairman.

3.  On 13 April 1970, U.S. Army Training Center Special Orders Number 105 were published awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He arrived in Vietnam on 4 October 1970 and he was assigned to 7th Squadron, Troop B, 17th Air Cavalry.  He participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII which extended from 1 July 1970 through 30 June 1971
* Consolidation I which extended from 1 July 1971 through 30 November 1971

5.  On 12 August 1971, 52nd Aviation Battalion Special Orders Number 224 were published awarding the applicant the Aircraft Crewman Badge.

6.  He departed Vietnam en route to the United States on 3 October 1971.  He was honorably released from active duty on 12 January 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the word "unknown."  There are no awards listed in item 24 on his DD Form 214.

7.  A review of the available record does not reveal orders awarding the applicant the Distinguished Flying Cross.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 him the Distinguished Flying Cross.

9.  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, a formal recommendation, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

11:  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

13.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1971 to 31 January 1972 by Department of the Army General Orders Number 32, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and his supporting evidence have been considered.
2.  However, there is no evidence in the available record nor has he submitted any evidence showing orders were ever published awarding him the Distinguished Flying Cross.  Therefore, this award should not be added to his DD Form 214.

3.  The available records do show he is authorized the following awards:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Aircraft Crewman Badge (now known as the Aviation Badge)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  These awards should be added on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 24 of his DD Form 214, dated 12 January 1972, to show the following awards:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Aviation Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 amending his DD Form 214 to add 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)                                         AR20100016721



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ABCMR Record of Proceedings (cont)                                         AR20100016721



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