IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003372
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 Distinguished Flying Cross (DFC).
2. The applicant states the DFC has never been entered on his DD Form 214.
3. The applicant provides a copy of a citation 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 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. On 8 December 1966, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 67N (Utility Helicopter Repairman).
3. On 6 June 1967, the applicant departed Fort Rucker, Alabama, for duty in the Republic of Vietnam (RVN).
a. On 2 July 1967, he was assigned for duty as a helicopter mechanic with the 2nd Brigade, 1st Cavalry Division (Air Mobile).
b. On 26 June 1968, he departed the RVN and returned to the United States for duty at Hunter Army Air Field, Georgia.
4. On 23 May 1969, the applicant departed for duty in Europe.
a. On 10 June 1969, he was assigned to the 245th Transportation Company.
b. On 16 November 1969, he departed Europe and returned to the United States
5. On 17 November 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5, and had completed 2 years,
11 months, and 10 days of creditable active duty service.
6. The applicant's DD Form 214 lists his awards as:
* Army Commendation Medal
* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Air Medal
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the DFC. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the DFC.
2. There are no available general orders announcing the applicant's award of the DFC. The citation provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.
3. In view of the above, the applicant's request should be denied.
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) AR20120003372
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ABCMR Record of Proceedings (cont) AR20120003372
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