IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002880
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 4 October 1970 be corrected to show his Distinguished Flying Cross with a "V" device.
2. The applicant states his Distinguished Flying Cross was awarded for valor and not for meritorious service. Because the Distinguished Flying Cross on his DD Form 214 does not show "with 'V' device" it reflects the award for meritorious service.
3. The applicant provides:
* orders awarding him the Distinguished Flying Cross
* his DD Form 214
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. At the time the applicant was awarded the Distinguished Flying Cross he was a captain in the U.S. Army Reserve (USAR) serving on active duty. He had been ordered to active duty on 5 January 1966.
3. Headquarters, United States Army, Vietnam General Orders Number 3857, dated 7 August 1968, awarded him the Distinguished Flying Cross for heroism while participating in aerial flight, evidenced by voluntary actions above and beyond the call of duty in the Republic of Vietnam on 18 January 1968.
4. The applicant is identified on the orders with both his Army service number (ASN) and his social security number (SSN). His SSN is shown with the last numeral 3.
5. On 4 October 1970, he was released from active duty. His SSN on his
DD 214 is shown with the last numeral 2. His ASN shown on his DD Form 214 is the same ASN shown on his orders for the Distinguished Flying Cross. His
DD Form 214 shows he was awarded the Distinguished Flying Cross. No "V" device is shown.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.
b. The bronze V device indicates acts of heroism involving conflict with an armed enemy. The regulation authorizes the "V" device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The disparity between his SSN on his DD Form 214 and his orders for the Distinguished Flying Cross is noted. The reason for this disparity is unknown. However, the ASN on both the orders and the DD Form 214 match. Therefore, it is determined both documents refer to the applicant.
2. The applicant contends his Distinguished Flying Cross as shown on his
DD Form 214 should be shown with the "V" device to distinguish it from an award for meritorious service.
3. The "V" device is only used on awards that can also be awarded for meritorious service, such as the Bronze Star Medal, Air Medal, or the Army Commendation Medal. The Distinguished Flying Cross can only be awarded for heroism or extraordinary achievement while participating in aerial flight.
4. The regulation specifically states the Distinguished Flying Cross will not be awarded in recognition of sustained operational activities against an armed enemy, i.e., for meritorious service. Therefore, the "V" device is not authorized for the Distinguished Flying Cross because the award itself indicates it was awarded for heroism or extraordinary achievement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20140002880
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ABCMR Record of Proceedings (cont) AR20140002880
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