IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110014515 


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 (DFC) for his service in the Republic of Vietnam (RVN).

2.  The applicant states this award was not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders for award of the DFC.

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 28 December 1965, the applicant enlisted in the Regular Army.  He completed his initial training and was assigned to Fort Rucker, Alabama for aviation training.

3.  General Orders Number 101, Fort Rucker, Alabama, dated 8 December 1966, awarded the applicant the Good Conduct Medal for the period 28 December 1965 to 16 January 1967.

4.  On 16 January 1967, he was discharged in order to accept an appointment as a warrant officer.  His DD Form 214 for this period of enlisted service shows his awards as:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  The applicant completed the Warrant Officer Rotary Wing Aviator Course and was awarded military occupational specialty 100C (Rotary Wing Pilot, Utility Helicopter).

6.  On 17 January 1967, the applicant departed Fort Rucker for duty in the RVN.

	a.  On 15 February 1967, he was assigned as a pilot with Troop B, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.

	b.  He departed the RVN on 3 February 1968 for duty at Fort Wolters, Texas.

7.  On 2 November 1968, the applicant departed the U.S. for a second tour of duty in the RVN.

	a.  From 7 November until 20 December 1968, he was assigned as a student with the 17th Aviation Group.

	b.  On 23 January 1969, he was assigned to the 179th Aviation Company.

	c.  General Orders Number 3427, 1st Aviation Brigade, dated 19 July 1969, awarded him the DFC for heroism while participating in aerial flight on 
21 March 1969.

	d.  On 29 November 1969, he departed the RVN and returned to the U.S.



	e.  General Orders Number 6536, 1st Aviation Brigade, dated 
15 December 1969, awarded him the Army Commendation Medal for meritorious service for his tour in the RVN.

8.  On 5 December 1969, the applicant was released from active duty.  He had attained the rank of chief warrant two, pay grade W-2 and had completed 
2 years, 10 months, and 19 days of creditable active duty service during this period.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 ending on 5 December 1969 lists his awards as:

* Air Medal with 53 Oak Leaf Clusters
* Bronze Star Medal with 1 Oak Leaf Cluster
* Vietnam Service Medal
* RVN Campaign Medal with 1960 Device
* Purple Heart

10.  Army Regulation 600-8-22 (Military Awards), Appendix B, of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following seven campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 9th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 39, dated in 1970, and in DAGO Number 43, dated in 1972, for award of the Valorous Unit Award.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the DFC.

2.  The evidence of record clearly shows that the applicant was awarded the Good Conduct Medal for his period of service as an enlisted Soldier.  Therefore, his DD Form 214 ending on 16 January 1967 and 5 December 1969 should be corrected to show this award.

3.  General Orders show the applicant was awarded the DFC and the ARCOM for service in the RVN.  Therefore, these two medals should be added to his 
DD Form 214 ending on 5 December 1969.

4.  Records show that the applicant participated in seven campaign periods during his service in the RVN.  Therefore, he is authorized to wear one silver service star and two bronze service stars on his already-awarded Vietnam Service Medal.

5.  Records show that the applicant’s unit was cited twice in general orders for award of the Valorous Unit Award.  Therefore, his DD Form 214 ending on 
5 December 1969 should be corrected to show these unit awards.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 ending on 5 December 1969 should be corrected to show this foreign unit award.

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.  adding the Good Conduct Medal to his DD Form 214 ending on 
16 January 1967;

	b.  deleting the Vietnam Service Medal from his DD Form 214 ending on 
5 December 1969; and

	c.  adding the following awards to his DD Form 214 ending on 
5 December 1969:

* Good Conduct Medal
* Distinguished Flying Cross
* Army Commendation Medal
* Valorous Unit Award (two awards)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110014515



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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