IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20110024883 


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) for the period ending 1 January 1970 to show his last name as "DaCosta" instead of "DeCosta" and awards of the:

* Purple Heart
* Distinguished Flying Cross (3rd Award)
* Air Medal (42nd Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  He states the last name is misspelled and the requested awards are missing.

3.  The applicant provides:

* DD Form 214 for the period ending 1 January 1970
* DD Form 214 for the period ending 5 June 1967
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* General Orders (GOs) Number 2156 (Purple Heart) and certificate
* Three certificates for award of the Distinguished Flying Cross
* GOs Number 1930 (Air Medal 33rd through 42nd Award) and certificate


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.  In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his last name as "DaCosta."  He authenticated this form with his signature using this last name. 

3.  He enlisted in the Regular Army on 12 May 1966.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) listed his last name as "DaCosta." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as "DaCosta."  Item 29 (Qualification in Arms) of this form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 21 June 1966.

5.  Special Orders (SOs) Number 52, issued by Headquarters, U.S. Army Aviation School, Fort Rucker, AL, on 1 March 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  The orders listed his last name as "DaCosta." 

6.  GOs Number 84, issued by the U.S. Army Aviation Center, Troop Brigade (Provisional), on 25 April 1967, awarded him the Army Good Conduct Medal (1st Award).

7.  He was honorably discharged on 5 June 1967 to accept a warrant officer (WO) appointment.  His DD Form 214 for this period of service listed his last name as "DaCosta" and awards of the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

8.  He submitted an application for appointment as a WO of the Army.  He listed his last name as "DaCosta." 

9.  He was appointed as a Reserve WO of the Army and executed an oath of office on 6 June 1967 with concurrent call to active duty.  His appointment memorandum and oath of office listed his last name as "DaCosta." 

10.  He served in Vietnam with Troop C, 1st Squadron, 9th Cavalry, 1st Cavalry Division, from 13 July 1967 to 30 June 1968.  During and/or in connection with this period of service, Headquarters, 1st Cavalry Division published the following GOs, awarding him the below awards:

* GOs Number 4960, on 30 August 1967, the Air Medal, for service from July to August 1967
* GOs Number 2156, on 11 April 1968, the Purple Heart for wounds received in action on 12 April 1968
* GOs Number 4118, on 4 June 1968, the Army Commendation Medal for achievement from 26 March to 10 April 1968
* GOs Number 5197, on 18 June 1968, the Bronze Star Medal for service from July 1967 to July 1968
* GOs Number 6182, on 25 June 1968, the Distinguished Flying Cross for heroism on 2 January 1968
* GOs Number 6790, on 30 June 1968, the Distinguished Flying Cross for heroism on 22 January 1968
* GOs Number 12702, on 29 September 1968, the Air Medal (1st through 31st Oak Leaf Cluster)

11.  Headquarters, U.S. Army Vietnam, issued a memorandum on 5 January 1969 authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star.

12.  He also served in Vietnam with Troop B, 7th Squadron, 17th Cavalry, 1st Aviation Brigade, from 27 May 1969 through 28 December 1969.  During and/or in connection with this period of service, Headquarters, 1st Aviation Brigade published the following GOs, awarding him the below awards:

* GOs Number 1714, on 21 March 1970, Distinguished Flying Cross for heroism on 22 October 1969
* GOs Number 1930, on 30 March 1970, the Air Medal (33rd through 42nd Award) from 1 August 1969 to 7 January 1970

13.  He was honorably released from active duty on 1 January 1970.  His DD Form 214 shows in item 1 (Last Name - First Name – Middle Name) his last name as "De Costa" and in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal
* Aviator Badge
* Air Medal (31st Oak Leaf Cluster)
* Distinguished Flying Cross (1st Oak Leaf Cluster)

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his assignment to the 1st Squadron, 9th Cavalry, 1st Cavalry Division, from 13 July 1967 to 30 June 1968, this unit was cited for award of the Valorous Unit Award, for actions from 1 to 31 October 1967, based on DAGO Number 37, dated 1970.

15.  DA Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant listed his last name as "DaCosta" upon his enlistment in the Army.  This last name is consistent with the name shown throughout his entire military service, both as an enlisted Soldier and as a warrant officer.  It appears his DD Form 214 for the period ending 1 January 1970 inadvertently listed his last name as "DeCosta."  Therefore, he is entitled to correction of his DD Form 214 to show the correct last name. 

2.  The applicant was previously awarded the below awards during his enlisted service but none are shown on his DD Form 214 as a warrant officer.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 1 January 1970 to show them: 

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Army Good Conduct Medal (1st Award) 

3.  GOs awarded the applicant the Purple Heart for wounds received in action in Vietnam on 12 April 1968.  Therefore, his DD Form 214 should be corrected to show the Purple Heart.

4.  GOs awarded the applicant three awards of the Distinguished Flying Cross for heroism; however, only two are listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show all three awards. 

5.  GOs awarded the applicant 42 awards of the Air Medal; however, only 32 awards are listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show all 42 awards of the Air Medal.

6.  The applicant was issued a memorandum authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award. 

7.  GOs awarded his units in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

8.  The applicant participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to one silver and one bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.



BOARD VOTE:

___X____  ___X__ _  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 from item 1 of his DD Form 214 for the period ending 1 January 1970 the last name "DeCosta" and adding the last name "DaCosta"
* deleting from item 24 of his DD Form 214 for the period ending 1 January 1970 the Vietnam Service Medal, the Distinguished Flying Cross (1st Oak Leaf Cluster), and the Air Medal (31st Oak Leaf Cluster)
* adding to item 24 of his DD Form 214 for the period ending 1 January 1970 the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Army Good Conduct Medal (1st Award)
* Purple Heart
* Distinguished Flying Cross (3rd Award)
* Air Medal (43rd Award)
* Republic of Vietnam Gallantry Cross with Silver Star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver and one bronze service star



      __________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)                                         AR20110024883



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ABCMR Record of Proceedings (cont)                                         AR20110024883



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