IN THE CASE OF:	  

		BOARD DATE:	 15 January 2015 

		DOCKET NUMBER:  AR20140009231 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by deleting the Distinguished Service Cross (DSC), adding the Distinguished Flying Cross (DFC) (3rd Award) and correcting the entry in item 30 (Remarks) to show “14 Years – AERO ENGR.” 

2.  The applicant states that he was never awarded the DSC but he was awarded the DFC w/2OLC that was not included on his DD Form 214.  Additionally, the entry in item 30 incorrectly reflects 17+ years of civilian education and should read 14+ years.

3.  The applicant provides copies of his DD Form 214 and DFC orders.

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 enlisted in the Regular Army on 22 May 1967 for a period of     2 years under the warrant officer flight training program.  At the time of his enlistment he had completed 110 semester hours (3+ years computed at 30 semester hours per year) of studies in aeronautical engineering  at California State Polytechnic College in San Luis Obispo, California.

3.  He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Wolters, Texas to undergo his warrant officer flight training.  He completed phase I of his training and was transferred to Hunter Army Airfield, Georgia to undergo the remainder of his training.

4.  On 3 June 1968, he was honorably discharged in the pay grade of E-5 to accept appointment as a warrant officer.  He had served 1 year and 12 days of active service and was awarded the Army Good Conduct Medal.

5.  On 4 June 1968, he was appointed as a warrant officer one in the United States Army Reserve (USAR) with a concurrent call to active duty.  He was transferred to Vietnam on 3 August 1968 for assignment to Company B, 25th Aviation Battalion as a helicopter pilot.  He was promoted to the rank of chief warrant officer two (CW2) on 4 June 1969.

6.  He served in six campaigns and departed Vietnam on 16 May 1970.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 18 May 1970.  He had served a total of 2 years, 11 months and 27 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Vietnam Campaign Medal with “60” Device, Distinguished Service Cross, Silver Star, Republic of Vietnam Gallantry Cross with Silver Star, Bronze Star Medal with “V” Device and 1oak leaf cluster, and Air Medal with 48 oak leaf clusters.  Item 30 shows the entry “CIVILIAN EDUCATION:  17+ YEARS AERO ENGR”.  

7.  A review of his official records failed to show any evidence of the applicant being awarded the DSC; however, he has provided orders showing he was awarded the DFC (3rd Award).  His records do contain orders awarding him the Army Commendation Medal (ARCOM) for meritorious achievement during the period 1 June to 31 July 1969.  His records also contain orders awarding him the Air Medal with “V” Device and 48 oak leaf clusters for heroism on 12 April 1970.

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 the applicant’s unit was awarded the Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods during which he served with the unit.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn to denote five bronze service stars.

10.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects the award of the DSC instead of the DFC (3rd Award) has been noted and found to have merit.  Accordingly, the award of the DSC should be deleted and the awards of the DFC w/2OLCs should be added to his DD Form 214.

2.  The applicant was awarded the ARCOM and the Air Medal with ”V” Device and 48 OLCs (now shown by Numeral 49) and is entitled to have them added to his DD Form 214.

3.  The applicant served in six campaigns in Vietnam and is entitled to wear one silver and one bronze service star on his already awarded Vietnam Service Medal.

4.  The applicant’s unit was awarded the VUA, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods that coincided with his service with the unit.  He is entitled to have those awards added to his DD Form 214.

5.  The applicant’s contention that his DD Form 214 incorrectly reflects his civilian education as 17+ years has been noted and found to have some merit.  The applicant completed 110 semester hours of college which equates to 3+ years of college and, when added to 12 years of high school, equals 15+ years of civilian education.  Accordingly, his DD Form 214 should be corrected to show 15+ years of civilian education.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal, Distinguished Service Cross and Air Medal with 48 OLCs 
* Deleting from item 30 of his DD Form 214 the entry “17+ YEARS AERO ENGR” 
* Adding Citation to item 24 of his DD Form 214 the Vietnam Service Medal with one silver and one bronze service star, Distinguished Flying Cross (3rd Award), Air Medal with Numeral 49 and with “V” Device, ARCOM, VUA, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit 
* Adding to the civilian education line in block 30 of his DD Form 214 the entry “15+ YEARS AERO ENGR” 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his civilian education level to 14+ years.  



      _______ _   __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)                                         AR20140009231





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ABCMR Record of Proceedings (cont)                                         AR20140009231



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