BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020523
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 the third award of the Distinguished Flying Cross (DFC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states he was on terminal leave when his DD Form 214 was prepared and he could not verify the data.
3. He provides his DD Form 214 and General Orders Number 221, 7030, and 6726 dated 15 March 1971, 1 June 1971, and 18 June 1971, respectively.
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 applicants military records are not available to the ABCMR for review. An exhaustive search was undertaken to locate the applicant's military records which are necessary for the processing of his application. Unfortunately, his records could not be located. However, based on a copy of the applicant's
DD Form 214 and the orders awarding him the third award of the DFC, the ABCMR was able to conduct a fair and impartial review of his request.
3. Records available to the Board show that on 30 June 1991, the applicant was honorably retired in the grade of lieutenant colonel and credited with completing 22 years, 1 month, and 10 days of active duty service.
4. Item 13 of his DD Form 214 shows only one award of the DFC.
5. General Orders Number 2211, issued by Headquarters, 101st Airborne Division, dated 15 March 1971, awarded the applicant the DFC for heroism while participating in aerial flight on 7 February 1971 in the Republic of Vietnam (RVN).
6. General Orders Number 7030, issued by Headquarters, 101st Airborne Division, dated 1 June 1971, awarded the applicant the DFC for heroism while participating in aerial flight on 7 March 1971 in the RVN.
7. General Orders Number 6726, issued by Headquarters, 101st Airborne Division, dated 18 June 1971, awarded the applicant the DFC for heroism while participating in aerial flight on 31 August 1970 in the RVN.
DISCUSSION AND CONCLUSIONS:
General orders verify he was awarded three awards of the DFC. Therefore, he is entitled to correction of his DD Form 214 to show the DFC (3rd 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:
a. deleting from his DD Form 214 the Distinguished Flying Cross; and
b. adding to his DD Form 214 the Distinguished Flying Cross (3rd Award).
_______ _ 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) AR20130020523
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ABCMR Record of Proceedings (cont) AR20130020523
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