IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20110025074
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 the Distinguished Flying Cross (DFC).
2. The applicant states:
* The 1969 unit history for Troop A, 3rd Squadron, 17th Air Cavalry Regiment indicates he was awarded the DFC
* As he went from Vietnam to Germany his awards and citations came by ground mail in several different shipments
* He knew nothing about being recommended for the DFC so he had no way of knowing it was awarded
3. The applicant provides:
* DD Form 214
* Unit history for Troop A, 3rd Squadron, 17th Air Cavalry Regiment
* DA Form 66 (Officer Qualification Record)
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 was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 31 August 1967 with concurrent call to active duty. He served as an aviator in Vietnam from 25 March 1969 to 14 March 1970. On
3 July 1973, he was honorably released from active duty in the rank of captain and he was transferred to the USAR Control Group (Reinforcement).
3. His DD Form 214 does not show the DFC as an authorized award.
4. There are no orders for the DFC in the available records.
5. Item 21 (Awards and Decorations) of his DA Form 66 does not show entitlement to the DFC.
6. Records at the Awards and Decorations Branch of the U.S. Army Human Resources Command failed to reveal any orders for the DFC pertaining to the applicant.
7. He provided a unit history document for Troop A, 3rd Squadron, 17th Air Cavalry Regiment during the period 1 January 1969 to 31 December 1969. This document lists the Soldiers of the unit who were awarded the DFC, including the applicant's name.
8. Army Regulation 600-8-22 (Military Awards) states the DFC 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.
DISCUSSION AND CONCLUSIONS:
There are no orders for the DFC in the available records and the applicant did not provide any orders for the DFC. In the absence of orders awarding him the DFC or any other official corroborating evidence, the unit history documentation provided by the applicant alone is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20110025074
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ABCMR Record of Proceedings (cont) AR20110025074
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