IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006860
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 award of the Distinguished Flying Cross.
2. The applicant states the Distinguished Flying Cross is not listed on his DD Form 214. He received the medal in a ceremony and he received a duplicate medal with the issuing orders 20 years later.
3. The applicant provides a copy of 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. The applicant was inducted into the Army of the United States on 22 December 1965.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. He served as a clerk typist and pay records specialist assigned to Headquarters and Headquarters Company, 269th Combat Aviation Battalion, in Vietnam from 7 January 1967 to 11 April 1967.
b. He served as a door gunner assigned to the 187th Assault Helicopter Company in Vietnam from 12 April 1967 to 12 December 1967 and participated in two campaigns.
4. Headquarters, 1st Aviation Brigade, General Orders Number 4702, dated 3 October 1967, show he was awarded the Distinguished Flying Cross for heroism while participating in aerial flight on 7 August 1967 in the Republic of Vietnam.
5. On 15 December 1967, he was honorably released from active duty.
6. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal with 27th Oak Leaf Cluster
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
8. 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 Headquarters and Headquarters Company, 269th Aviation Battalion, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 30 January 1967 to 21 January 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971.
9. Department of the Army Pamphlet 672-3 also shows the 187th Aviation Company was awarded the:
* Meritorious Unit Commendation for actions during the period 1 January to 31 December 1967 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 27 March 1967 to 17 May 1968 by DAGO 46, dated 1969
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Distinguished Flying Cross. Therefore, his DD Form 214 should be corrected to show this award.
2. He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show these service stars.
3. His units in Vietnam were awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the Vietnam Service Medal and adding to his DD Form 214 the following awards:
* Distinguished Flying Cross
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with two bronze service stars
_____________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) AR20140006860
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006860
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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