BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140000653
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 he was awarded the medal but the award was never added to his DD Form 214.
3. The applicant provides:
* DD Form 214
* DFC Certificate and Citation
* Army Good Conduct Medal (AGCM) orders
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. On 25 June 1970, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 67Y (AH-IG Helicopter Repairman). The highest rank he held was specialist five/pay grade E-5.
3. He provides a DFC Certificate and Citation showing he was awarded the DFC for extraordinary achievement while participating in aerial flight over Texas on 20 May 1972.
4. His record contains a letter, subject: Letter Order-Award of the DFC, dated 8 January 1974, stating he was awarded the DFC for extraordinary achievement while participating in aerial flight on 20 May 1972.
5. On 24 October 1973, Headquarters, 1st Cavalry Division, issued General Orders Number 277 awarding him the AGCM for the period 25 June 1970 through 24 June 1973.
6. He was honorably released from active duty on 24 October 1973 after he completed 3 years and 4 months of creditable active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.
DISCUSSION AND CONCLUSIONS:
1. A Letter Order, Certificate, and Citation show he was awarded the DFC. Therefore, he is entitled to have the DFC added to his DD Form 214.
2. General orders awarded him the AGCM. Therefore, he is entitled to have this medal added to his DD Form 214.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 adding to his DD Form 214 for the period ending 24 October 1973 the:
* DFC
* AGCM
________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) AR20140000653
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ABCMR Record of Proceedings (cont) AR20140000653
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