BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140005672 


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, through a Power of Attorney, requests correction of his         DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Distinguished Flying Cross (DFC).

2.  The applicant states his middle initial is incorrect on the general orders that awarded him the DFC.  His middle initial is "R," but it is reflected as "B" on the general orders.  He contends the erroneous middle initial is the reason the award is not reflected on his DD Form 214.

3.  The applicant provides:

* an Enhanced Durable Power of Attorney
* DD Form 214
* General Orders Number 5204, issued by Headquarters, 1st Aviation Brigade on 18 June 1970
* a proposed citation for the DFC
* multiple medical documents reflecting his neurological state

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 30 August 1967, the applicant enlisted in the Regular Army.  Item 1 of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his middle initial as "R."  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 27 March 1968 through 9 November 1969, where he was assigned to:

* 92nd Aviation Company, 10th Combat Aviation Battalion, from on or about 2 April 1968 through on or about 8 August 1968
* 192nd Assault Helicopter Company, from on or about 9 August 1968 through on or about 8 November 1969

4.  On 19 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows in: 

	a.  Item 1 (Last Name – First Name – Middle Name) – his middle initial is "R."  

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: 

* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14 and M16)
* 3 overseas service bars

5.  The applicant provides General Orders Number 5204, issued by Headquarters, 1st Aviation Brigade on 18 June 1970, which awarded him the DFC.  These orders show his proper first and last name and social security number, as verified by other documents of record; however, his middle initial is shown as "B."


6.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant participated in the following seven campaigns:

* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 168)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive,1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 June 1970)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the:

	a.  92nd Aviation Company was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period of 22 February 1967 through 17 May 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969.

	b.  192nd Aviation Company was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period of 15 October 1965 through           11 January 1971,  by DAGO Number 6, dated 1974

8.  Department of the Army Pamphlet 672-3 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's middle initial is "R," but was inadvertently shown as "B" on General Orders Number 5204, which awarded him the DFC.  Therefore, he is entitled to a correction of General Orders Number 5204 to show his correct middle initial and to correction of his DD Form 214 to show he was awarded the DFC.

2.  He participated in seven qualifying campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show he is authorized one silver service star and two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

3.  General orders show that each of his units of assignment in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned; therefore, he is entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd 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.  amending General Orders Number 5204, issued by Headquarters, 1st Aviation Brigade on 18 June 1970, to show his middle initial as "R"; and

	b.  amending his DD Form 214 to delete the VSM and add the Distinguished Flying Cross, Vietnam Service Medal with one silver service star and 2 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd 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)                                         AR20140005672





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ABCMR Record of Proceedings (cont)                                         AR20140005672



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