IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012 

		DOCKET NUMBER:  AR20110019911 


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 two awards of the Distinguished Flying Cross and the Air Medal with valor.

2.  The applicant states the three awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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.  The applicant was inducted into the Army of the United States on 3 March 1966 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam with the 187th Aviation Company, 1st Aviation Brigade, from 2 March 1967 to 24 February 1968.

3.  Headquarters, 1st Aviation Brigade, published the following General Orders (GO):

* GO Number 1803, on 13 May 1967, awarding him the Air Medal for achievement from 3 to 17 April 1967
* GO Number 2902, on 25 June 1967, awarding him the Air Medal (1st through third Oak Leaf Cluster (OLC)) for achievement from 17 April to 14 may 1967
* GO Number 3027, on 30 June 1967, awarding him the Air Medal with "V" Device for heroism on 20 May 1967
* GO Number 3035, on 2 July 1967, awarding him the Air Medal (4th through 5th OLC) for achievement from 14 May to 7 June 1967
* GO Number 4187, on 5 September 1967, awarding him the Air Medal (7th through 10th OLC) for achievement from 7 June to 15 July 1967
* GO Number 4286, on 11 September 1967, awarding him the Air Medal with "V" Device for heroism on 18 May 1967
* GO Number 4652, on 2 October 1967, awarding him the Distinguished Flying Cross for heroism on 7 August 1967

4.  His records do not contain official orders awarding him a second award of the Distinguished Flying Cross.

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 24 February 1968.  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
* Air Medal
* Aircraft Crewman Badge
* Vietnam Campaign Medal with Device

6.  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.  An oak leaf cluster designates second or subsequent award.

7.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.

8.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  It also states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign.

* Vietnam Counteroffensive Phase; 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 187th Aviation Company, his unit was awarded the:

* Meritorious Unit Commendation, for service from 1 January to 31 December 1967, based on DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1966 to 26 March 1967 based on DAGO Number 22, dated 1968, and from 27 March 1967 to 17 may 1968, based on DAGO Number 46, dated 1969

10.  A review of his records reveals no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 

12.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified sharpshooter with the M-14 rifle in April 1966.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant 13 awards of the Air Medal, two awards for heroism ("V" Device) and 11 awards (7th through 10th OLC) for achievement, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  GO awarded him the Distinguished Flying Cross which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  GO awarded his unit of assignment in Vietnam the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

5.  He served honorably during the period 3 March 1966 through 24 February 1968.  He served in Vietnam, attained the rank/grade of SP5/E-5, and he received "excellent" conduct and efficiency ratings throughout most of his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.

6.  He qualified sharpshooter with the M-14 rifle in April 1966; therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his DD Form 214 to show it.

7.  His record is void of official orders awarding him a second award of the Distinguished Flying Cross.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for this award.  In the absence of official orders, there is insufficient evidence to add a second award of the Distinguished Flying Cross to 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 March 1966 through 24 February 1968
* deleting the Air Medal and the Vietnam Service Medal from item 24 of his DD Form 214 and adding to item 24 of his DD Form 214 the:

* Distinguished Flying Cross
* Air Medal (12th Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 a second award of 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)                                         AR20110019911



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ABCMR Record of Proceedings (cont)                                         AR20110019911



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