IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120020721 


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 award of the Distinguished Flying Cross (DFC) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his:

* awards and medals
* schools and education
* football team (participation)
* Artillery school (attendance)
* good conduct

2.  The applicant states his DD Form 214 was never correct.  All medals, schools, and units were not shown on his DD Form 214.  He was in many units that do not show up.  He also "went to helicopter show (crew chief)," football team at Fort Sill, communication lineman, and radio operator.  He further states he was told he won the DFC at the Battle of la Drang (Vietnam) and he was in the 2nd Battalion, 20th Air Defense Artillery rocket ships in the ambush near Landing Zone Albany.

3.  The applicant provides:

* his DD Form 214
* a letter from the Department of Veterans Affairs (VA), dated 9 February 2011
* 
an Outpatient Routing Slip from the Fort Worth Out-patient Clinic (OPC), dated 12 March 2012

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 16 January 1964.  He completed basic combat training at Fort Jackson, SC and advanced individual training at Fort Chaffee, AR.  He was awarded military occupational specialty (MOS) 310.00 (Wireman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 27 (Specialized Training) he completed the following training:

* Chemical, Biological, and Radiological (CBR) Training
* Code of Conduct Course
* Basic Military Justice Training

	b.  item 33 (Record of Assignments), after completion of training, he was assigned to:

* Headquarters Battery and C Battery, 6th Battalion, 16th Artillery, Fort Chaffee, in MOS 310 as a wireman
* C Battery, 6th Battalion, 16th Artillery, Fort Sill, OK, in MOS 310 as a switchboard operator
* 54th Transportation Company, Fort Sill, in MOS 67A, helicopter mechanic helper
* A Battery, 2nd Howitzer Battalion, 17th Artillery, Fort Sill, in MOS 36A (wireman)

4.  He served in Vietnam from 17 August 1965 to 10 January 1966.  He was assigned to 2nd Battalion (Aerial Artillery), 20th Artillery, 1st Cavalry Division.

5.  On 13 January 1966, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 28 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows in:

* item 25a (Specialty Number and Title) the entry "36A1O Wireman"
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Expert Marksmanship Qualification Badge with Rifle Bar and the Vietnam Service Medal
* item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) the entry "None"
* item 29 (Other Service Training Courses Successfully Completed) the entry "None"

6.  On 8 January 1991, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that amended his DD Form 214 as follows:

* deleted from item 26 the Vietnam Service Medal and added the Vietnam Service Medal with one bronze service star, Army Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Air Medal with Numeral 2
* added to item 28, the entry 54th Transportation Company, Fort Sill, OK, 30 June 1965, Basic Aircraft Maintenance
* added to item 29 the entries - CBR Training, Code of Conduct Course, and Basic Military Justice Training

7.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the DFC during his active duty service.

8.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: 
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

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

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 20th Artillery, was cited for award of the Presidential Unit Citation for the period 23 October through
26 November 1965 by Department of the Army General Order Number 40, dated 1967.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his awards and medals, schools and education, football team, artillery school, and good conduct.

2.  A DD Form 215 issued on 8 January 1991 added the applicant's awards and decorations and his schools and training to his DD Form 214.  The applicant was provided with a copy of this DD Form 215 by separate correspondence.

3.  However, further review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 or previously-issued DD Form 215.

	a.  The applicant participated in two campaign during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

	b.  The applicant's unit in Vietnam was cited for award of the Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant's good conduct is confirmed by award of the Army Good Conduct Medal that was subsequently added to his DD Form 214 by the previously-issued DD Form 215.  There is no regulatory provision to list a Soldier's good conduct on the DD Form 214.  Therefore, there is no basis for granting the portion of the applicant's request.

5.  The applicant's participation in a football team is noted.  However, there is no regulatory provision to list such activity on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

6.  While the available evidence is insufficient for awarding the applicant the Distinguished Flying Cross, this in no way affects the applicant's right to pursue his claim for the Distinguished Flying Cross by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting from item 26 of his DD Form 214, as corrected by a DD Form 215, the Vietnam Service Medal with one bronze service star, and

	b.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation

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 award of the Distinguished Flying Cross or adding to his DD Form 214 any additional schools and education, football team participation, Artillery school attendance, or good conduct remarks.



      ____________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)                                         AR20120020721



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ABCMR Record of Proceedings (cont)                                         AR20120020721



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