IN THE CASE OF:  

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20150000128 


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 16 November 1972, to show the Purple Heart and Distinguished Flying Cross. 

2.  The applicant states, in effect, the requested awards are omitted from his
DD Form 214.  

3.  The applicant provides:

* Certificate and General Orders (GO) Number 204, for the Purple Heart
* Certificate and GO Number 18113, for the Distinguished Flying Cross
* 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.  Having had prior service in the U.S. Air Force, the applicant enlisted in the Regular Army on 12 November 1968.  He completed the primary and advanced warrant officer aviation courses.  On 5 October 1969, he was honorably discharged from active duty to accept an appointment as a warrant officer of the Army. 

3.  He was appointed as a Reserve warrant officer of the Army and executed an oath of office, with concurrent call to active duty, on 6 October 1969.  He held military occupational specialty 100B (Rotary Wing Pilot). 

4.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows he qualified expert with the M-14 Rifle on 17 December 1968, expert with the M-16 Rifle on 24 August 1969, marksman with the .45 Caliber Pistol on 29 August 1969. 

5.  He served in Vietnam from 10 January to 22 October 1970.  He was assigned to Company C, 228th Aviation Battalion (Assault Support Helicopter). 

6.  On 28 September 1970, he sustained a combat wound/injury in Vietnam.  He was evacuated through the 93rd Evacuation Hospital and Camp Zama to Valley Forge General Hospital, PA.  

7.  Headquarters, 1st Cavalry Division published the following GO for the awards listed:

* GO Number 17723, on 1 October 1970, for the Army Commendation Medal with "V" Device for heroism on 28 September 1970
* GO Number 18113, on 7 October 1970, for  the Distinguished Flying Cross for heroism on 28 September 1970
* GO Number 14372, in August 1970, for the Air Medal with "V" Device for heroism 

8.  GO Number 204, issued by Headquarters, 93rd Evacuation Hospital, on 19 October 1970, awarded him the Purple Heart for wounds received in action on 28 September 1970. 

9.  GO Number 590, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, on 8 November 1972, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service. 

10.  He was honorably released from active duty in the rank of chief warrant officer three on 16 November 1972.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Aviator Badge
* Vietnam Campaign Medal with 1960 Device
* Air Medal with "V" Device
* Army Commendation Medal with "V" Device

11.  He served in the Army National Guard and he was transferred to the Retired Reserve on 1 November 1988.  He was ultimately placed on the Retired List in the rank of chief warrant officer four on 19 June 1999.  

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the Sanctuary Counteroffensive (1 May to 30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) campaigns. 

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with Company C, 228th Aviation Battalion from 10 January to 22 October 1970, in Vietnam, this unit was cited for awards of the: 

* Valorous Unit Award, for service from 1 May to 29 June 1970, by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 28 February 1970 by DAGO Number 11, dated 1972 and for service from 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 28 1 February 1970 by DAGO Number 42, dated 1972

14.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Distinguished Flying Cross, neither of which is shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards. 

2.  The applicant qualified expert with M-16 Rifle, expert with the M-14 Rifle, and marksman with the .45 Caliber Pistol.  Therefore, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) should be added to his DD Form 214.

3.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he should be awarded two 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.

4.  His unit in Vietnam was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his 
DD Form 214 should be corrected to show these unit awards. 

5.  He was awarded two awards of the Army Commendation Medal, one with a "V" Device.  His DD Form 214 only listed one award.  Therefore, his DD Form 214 should be corrected to show both awards of the Army Commendation Medal (one with the "V" Device). 

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 amending his DD Form 214 ending on 16 November 1972 by:

* deleting the Vietnam Service Medal and Army Commendation Medal with "V" Device
* adding the:

* Purple Heart
* Distinguished Flying Cross
* Army Commendation Medal (2nd Award) with "V" Device
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar          (.45 Caliber)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20150000128



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ABCMR Record of Proceedings (cont)                                         AR20150000128



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