-
		IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002331 


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 (2nd Oak Leaf Cluster (OLC)) (vice 1st OLC). 

2.  The applicant states he was awarded three awards of the Distinguished Flying Cross.

3.  The applicant provides his DD Form 214 and General Orders (GO) Number 14600, 1136, and 7192.  

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                      8 September 1966.  He held military occupational specialty 11E (Armor Crewman). 

3.  He served in Vietnam from 15 March 1968 to 9 March 1969.  He was assigned to Company C, 229th Aviation Battalion (Assault Helicopter), 1st Cavalry Division. 

4.  He was honorably discharged on 12 February 1968 to accept a warrant officer appointment.  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He was appointed as a warrant officer of the Army Reserve on 13 February 1968 and entered active duty. 

6.  Headquarters, 1st Cavalry Division, published the following GO: 

* GO Number 14600 on 6 December 1968, awarding him the Distinguished Flying Cross for heroism on 27 November 1968
* GO Number 1136 on 29 January 1969, awarding him the Distinguished Flying Cross for heroism on 20 August 1968

7.  He appears to have been discharged from his warrant officer status on 5 June 1970 to accept a direct commission as a commissioned officer.  No DD form 214 is available for his warrant officer period of service.

8.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 6 June 1970.  He completed training as a rotary wing pilot.  He served in Vietnam from 26 July 1971 to 27 March 1972.  He was assigned to:

* 240th Aviation Company, from 4 August 1971 to 26 November 1971
* 145th Combat Aviation battalion, 26 November 1971 to 23 March 1972

8.  Headquarters, 1st Aviation Brigade, published the following GO: 

* GO Number 7192 on 13 November 1971, awarding him the Distinguished Flying Cross for heroism on 5 October 1971
* GO Number 7557 on 21 December 1971, amending GO Number 7192 to show the Distinguished Flying Cross (2nd OLC)

9.  He was honorably released from active duty on 1 April 1972.  His DD Form 214 show he was awarded or authorized the: 

* National Defense Service Medal
* Good Conduct Medal
* 3 overseas service bars
* Army Aviator Badge
* Vietnam Service Medal
* Aviation Medal (i.e., Air Medal)
* Republic of Vietnam Campaign Medal
* Distinguished Flying Cross (1st OLC)
* Silver Star
* Bronze Star Medal
* Aviation Medal (i.e., Air Medal) (1st-39th OLC)

10.  On 31 May 1972, Headquarters, U.S. Army Vietnam (USARV), published a memorandum authorizing the applicant to accept and wear the Republic of Vietnam Technical Service Honor Medal First Class.  

11.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214. 

12.  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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's period of service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971
* Consolidation II, 1 December 1971 - 29 March 1972

13.  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 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

	a.  During his service with the 240th Aviation Battalion from 4 August 1971 to 26 November 1971, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 26 September to 10 October 1971 based on DAGO Number 54, dated 1974.

	b.  During his service with 145th Combat Aviation Battalion, from 26 November 1971 to 23 March 1972, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1970 to 31 August 1972 based on DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded three awards of the Distinguished Flying Cross.  His DD Form 214 inadvertently listed only two awards and omitted the third award.  He should be entitled to correction of his DD Form 214 to show all three awards of the Distinguished Flying Cross. 

2.  He was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records as such.

3.  USARV issued a memorandum that authorized him to accept and wear the Republic of Vietnam Technical Service Honor Medal First Class.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

4.  GO awarded the applicant’s unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is also entitled to correction of his records to show these foreign unit awards. 

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 214, ending on 1 April 1972, the Vietnam Service Medal and Distinguished Flying Cross
* adding to his DD Form 214, ending on 1 April 1972, the:

* Distinguished Flying Cross (3rd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Technical Service Honor Medal First Class



      _______ _   _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)                                         AR20140002331





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002331



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1