IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019629
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, the widow of a former service member (FSM), requests correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Distinguished Flying Cross.
2. The applicant states her deceased spouse was the recipient of the Distinguished Flying Cross but it was not retained in his records and is not shown on his DD Form 214.
3. The applicant provides orders, a death certificate, and a newspaper article.
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 FSM enlisted in the Regular Army on 17 February 1964. He immediately reenlisted on 24 February 1965. He served in Vietnam from 12 October 1966 to 26 November 1967 while assigned to the 119th Aviation Company, 52nd Aviation Battalion.
3. The applicant provides General Orders (GO) Number 242, dated 30 March 1967, issued by Headquarters, 4th Infantry Division, wherein the FSM was awarded the Distinguish Flying Cross for heroism while participating in aerial flight.
4. The FSM was honorably released from active duty on 28 November 1967 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve.
5. The DD Form 214 he was issued for this period of service shows he was awarded the:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Good Conduct Medal
* Army of Occupation Medal (Berlin)
* Aircraft Crewmen Badge
* Air Medal with 13 Oak Leaf Clusters (or 14th Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
6. His record contains GO Number 6082, dated 31 December 1967, issued by the 1st Aviation Brigade, wherein he was awarded the Air Medal Fourteenth through Twenty-Seventh Oak Leaf Cluster (or 28th Award).
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in two campaigns.
8. 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 the 119th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967, by DAGO Number 46, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides GOs that clearly show the FSM was awarded the Distinguished Flying Cross for heroism in aerial action in Vietnam on 20 February 1967 and his record contains GOs that awarded him the Air Medal (28th Award), neither of which are shown on his DD Form 214. Therefore, his DD Form 214 for the period ending 28 November 1967 should be corrected to show these awards.
2. During his service in Vietnam the FSM participated in two campaigns. Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 28 November 1967 accordingly.
3. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit. Therefore, his DD Form 214 for the period ending 28 November 1967 should be corrected to show this unit award.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 his DD Form 2214 the Vietnam Service Medal and Air Medal with 13th OLC
* adding to his DD Form 214 the:
* Distinguished Flying Cross
* Air Medal (28th Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
___________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) AR20130019629
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ABCMR Record of Proceedings (cont) AR20130019629
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