BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007954
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Distinguished Flying Cross (DFC).
2. The applicant states, in effect, that his award of the DFC was not added to his DD Form 214 at the time of his retirement.
3. The applicant provides copies of his DFC orders and 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. After serving 8 years in an enlisted status, the applicant was appointed as an aviation warrant officer one (WO1) on 23 August 1963 with a concurrent call to active duty. He was promoted to the rank of chief warrant officer two (CW2) on 23 February 1965 and was transferred to Vietnam on 12 April 1965. He completed that tour on 9 April 1966 and was transferred to Fort Wolters, Texas.
3. He was again transferred to Vietnam on 24 November 1967 and served there until 23 November 1968 when he was transferred to Germany. He was promoted to the rank of chief warrant officer three (CW3) on 25 November 1968. He was promoted to the rank of chief warrant officer four (CW4) on 1 July 1974.
4. On 31 October 1981, the applicant was retired by reason of length of service. His DD Form 214 issued at the time of his retirement shows he was awarded the National Defense Service Medal, Vietnam Service Medal with one silver and three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Bronze Star Medal with one oak leaf cluster (OLC), Army Commendation Medal with one OLC, Meritorious Service Medal, Air Medal
(10th Award), and Meritorious Unit Commendation.
5. The orders provided by the applicant show that he was awarded the DFC for heroism in Vietnam on 29 January 1966 and that award is annotated on his records.
6. A review of his official records also shows the following awards that the applicant received and that were not added to his DD Form 214 at the time of his retirement:
* Army Good Conduct Medal (AGCM)
* Senior Army Aviator Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Valorous Unit Award (VUA)
* Armed Forces Expeditionary Medal (AFEM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR) with Numeral 5
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the DFC in duly-authenticated orders and is entitled to have that award added to his DD Form 214.
2. The applicant was also awarded the AGCM, Senior Army Aviator Badge, Republic of Vietnam Campaign Medal with Device 1960, VUA, AFEM, ASR, and OSR with Numeral 5 and is entitled to have those awards added to his DD Form 214 as well.
BOARD VOTE:
__X______ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the awards of the DFC, AGCM, Senior Army Aviator Badge, Republic of Vietnam Campaign Medal with Device 1960, VUA, AFEM, ASR, and OSR with Numeral 5 to his DD Form 214 dated 31 October 1981.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in
_______ _ 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.
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