IN THE CASE OF:	

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000364 


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 the Distinguished Flying Cross and the Bronze Star Medal. 

2.  The applicant states the medals were not included on his DD Form 214 because he left the Army in March 1971 and the awards were finalized several months later. 

3.  The applicant provides:

* Enlisted DD Form 214, ending on 7 September 1969
* Warrant Officer DD Form 3214, ending on 27 March 1971 
* Certificate for award of the Distinguished Flying Cross
* Certificate for award of the Bronze Star Medal
* Letter from the National Personnel Records Center 

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 enlisted in the Regular Army on 27 September 1968.  He attended and successfully completed the Warrant Officer Candidate Course and the Rotary Wing Aviation Course. 

3.  He was honorably discharged from his enlisted status on 7 September 1969 to accept a warrant officer appointment.  He was issued a DD Form 214 that captured his 11 months and 11 days of active service. 

4.  He was appointed as a Reserve warrant officer of the Army and executed an oath of office on 8 September 1969.  He held military occupational specialty 100B (Rotary Wing Utility Helicopter Pilot). 

5.  He served in Vietnam as a helicopter pilot from 25 March 1970 to 24 March 1971.  He was assigned to the 135th Aviation Company (Attack Helicopter). 

6.  He was honorably released from active duty on 27 March 1971.  His warrant officer DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal (1st Oak Leaf Cluster)
* Army Aviation Badge
* 2 Overseas Service Bars 

7.  General Orders (GO) Number 3029, issued by Headquarters, 1st Aviation Brigade on 9 April 1971 awarded him the Distinguished Flying Cross for heroism while participating in aerial flight in Vietnam on 17 December 1970.  

8.  The applicant provides two certificates, which are authenticated by the same General Officer, Brigadier General Jack H------ay, Commander, 1st Aviation Brigade, as follows:

	a.  A certificate, dated 13 March 1971, showing award of the Bronze Star Medal for meritorious achievement in Vietnam from March 1970 to March 1971. 

	b.  A certificate, dated 9 April 1971, showing award of the Distinguished Flying Cross for heroism in Vietnam on 17 December 1970.  
9.  His records do not contain recommendations or orders awarding him the Bronze Star Medal.  Additionally, item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Bronze Star Medal.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

11.  The applicant indicated during a phone conversation with the case analyst of record on 27 July 2015 he looked for the General Orders but could not find them. The awards were presented to him after he was separated.  He also indicated he has the original certificates.  

12.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

13.  A review of his records indicate his entitlement to additional awards which are not listed on his DD Form 214. 

14.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B 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 following campaigns:

* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 135th Aviation Company from 25 March 1970 to 24 March 1971 in Vietnam, this unit was cited for the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 December 1969 to 10 October 1970, by DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 May 1969 to 15 May 1970, by DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Distinguished Flying Cross for heroism while participating in aerial flight in Vietnam on 17 December 1970.  Therefore, his 
DD Form 214 should be corrected to show this award. 

2.  Despite the absence of orders awarding him the Bronze Star Medal, the certificate he provides is consistent with his duties and responsibilities as well as his period of service in Vietnam.  Additionally, it is authenticated by the same Commander/General Officer who signed the certificate for award of the Distinguished Flying Cross, for which the orders are available.  He should not be denied a hard-earned award due to the absence of orders when there is sufficient evidence to support his contention; therefore, the Bronze Star Medal should be added to his DD Form 214.  

3.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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

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 adding to his DD Form 214 the:

* Distinguished Flying Cross 
* Bronze Star Medal
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20150000364



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ABCMR Record of Proceedings (cont)                                         AR20150000364



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