IN THE CASE OF:	   

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140021585 


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:

* he was awarded the Distinguished Flying Cross approximately 6 months after his discharge from the Army at a ceremony in Pine Bluff, Arkansas, in 1970
* because this was after his discharge, the award is not listed on his DD Form 214

3.  The applicant provides:

* DD Form 214
* Distinguished Flying Cross Certificate
* Distinguished Flying Cross Citation
* news release from an unnamed source

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 ordered to active duty as a second lieutenant Army aviator on 13 March 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 May 1967 through 14 May 1968 where he was assigned to Headquarters and Headquarters Company, 229th Aviation Battalion, 1st Cavalry Division (Airmobile).  He participated in four campaigns.

4.  He was honorably released from active duty on 12 March 1969.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Army Aviator Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Air Medal with nine oak leaf clusters
* two overseas service bars

5.  His military records contain a Record of Army Decorations Board Action, dated 12 December 1969, indicating the board voted to approve award of the Distinguished Flying Cross to the applicant for heroism in action on 19 April 1968 on behalf of the Secretary of the Army.  His records also contain a letter to the applicant from the Office of the Army Adjutant General, dated 19 December 1969, informing him that he had been awarded the Distinguished Flying Cross for gallantry in action on 19 April 1968 and that presentation of the award would be coordinated.

6.  The applicant provided a copy of a Distinguished Flying Cross Certificate, awarding him the Distinguished Flying Cross for heroism while participating in aerial flight on 19 April 1968, signed and dated on 19 December 1969.  He also provided a copy of the Distinguished Flying Cross Citation which expounds upon the his acts of heroism on 19 April 1968 while serving as an aircraft commander of an armed helicopter during the initial assault into the A-Shau Valley, Republic of Vietnam.

7.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citation awards during the same period, only one will be recorded in the official military personnel and historical records.  This pamphlet shows the 229th Aviation Battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by Department of the Army General Orders Number 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain documents awarding him the Distinguished Flying Cross for gallantry in action on 19 April 1968.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He was awarded the Vietnam Service Medal and participated in four campaigns.  Therefore, his DD Form 214 should be corrected to show four bronze service stars with his Vietnam Service Medal.

3.  General orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions, the dates of which overlap.  Regulatory guidance only allows for recording one Republic of Vietnam Gallantry Cross with Palm Unit Citation in an individual’s official military personnel records if duplicates thereof were awarded for overlapping periods.  Therefore, his DD Form 214 should be corrected to show only one unit award.


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 adding the following awards to his DD Form 214:

* Distinguished Flying Cross
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars with his already-awarded Vietnam Service Medal



      ____________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)                                         AR20140021585



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ABCMR Record of Proceedings (cont)                                         AR20140021585



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