IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20150000044
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), ending on 1 June 1971, to show the Distinguished Flying Cross.
2. The applicant states, in effect, his DD Form 214 inadvertently omits the requested award.
3. The applicant provides a Certificate and General Orders (GO) Number 3943, (Distinguished Flying Cross).
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's records show he was appointed as a Reserve warrant officer of the Army and entered active duty on 1 July 1968. He held military occupational specialty 100B (Rotary Wing Pilot).
3. He served in Vietnam from 1 February 1969 to 31 January 1970. He was assigned as follows:
* from 1 February to 28 March 1969, Company A, 158th Attack Helicopter Battalion, 101st Airborne Division
* from 29 March 1969 to 26 January 1970, Company B, 101st Aviation Battalion (Attack Helicopter), 101st Airborne Division
4. GO Number 3943, issued by Headquarters, 101st Airborne Division, Vietnam, dated 7 April 1970, awarded him the Distinguished Flying Cross for heroism involving aerial flight on 25 October 1969.
5. On 1 June 1971, he was honorably released from active duty in the rank of chief warrant officer two. His DD Form 214 shows he was awarded/authorized the:
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Army Aviator Badge
* Air Medal (1st through 17th Award)
* 2 Overseas Service Bars
* Vietnam Campaign Medal
* Vietnam Service Medal
6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During his service in Vietnam, the applicant participated in the campaigns below:
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69/Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)
7. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with Company B, 101st Aviation Battalion in Vietnam, from 29 March 1969 to 26 January 1970, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969 by DAGO Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Distinguished Flying Cross, which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.
2. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected to show these bronze service stars.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit 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:
* deleting from his DD Form 214 the Vietnam Service Medal
*
adding to his DD Form 214 the:
* Distinguished Flying Cross
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
___________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) AR20150000044
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ABCMR Record of Proceedings (cont) AR20150000044
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