IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100027518
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 add award of the Distinguished Flying Cross.
2. The applicant states the award was left off his DD Form 214.
3. The applicant provides:
* DD Form 214
* Orders awarding him the Distinguished Flying Cross
* Certificate showing award of the Distinguished Flying Cross
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 6 January 1970 and held military occupational specialty 67V2F (CH-47 Helicopter Repairman).
3. He served in Vietnam from 13 August 1970 to 12 August 1971. He was assigned to the 179th Aviation Company (Assault Support Helicopter), 1st Aviation Brigade.
4. He was honorably released from active duty on 13 December 1972 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with "1960" Device
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal
* Army Commendation Medal
6. Headquarters, 1st Aviation Brigade, published the following general orders (GO):
* GO Number 855, dated 18 March 1972 awarded him the Distinguished Flying Cross for heroism while participating in aerial flight on 17 March 1971 in Vietnam
* GO Number 1078, dated 10 February 1971 awarded him the Air Medal for meritorious achievement from 5 September to 17 October 1970
* GO Number 5878, dated 17 August 1971 awarded him the Air Medal for meritorious achievement from 6 to 10 August 1970
* GO Number 5879, dated 17 August 1971 awarded him the Air Medal (2nd through 6th Award) for meritorious achievement from 18 December 1970 to 12 May 1971
* GO Number 5932, dated 19 August 1971 awarded him the Air Medal with "V" Device for heroism 21 March 1971
7. A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 179th Aviation Company was cited for awards of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 27 February to 8 April 1971 based on Department of the Army GO Number (DAGO) 5, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 July to 31 December 1970 based on DAGO Number 5, dated 1973
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Distinguished Flying Cross for heroism while participating in aerial flight, which is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show this award.
2. General orders awarded him 8 awards of the Air Medal, one of which with a "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force, in the Republic of Vietnam. Only one Air Medal is shown on his DD Form 214. Therefore, he is entitled to correction of his records to show these awards.
3. General orders awarded the applicants unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records. Therefore, he is entitled to correction of his records to show these awards.
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 deleting the entry "Air Medal" from Item 24 of the applicant's DD Form 214 and adding to item 24 of his DD Form 214 the:
* Distinguished Flying Cross
* Air Medal (8th Award) and "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20100027518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100027518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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