IN THE CASE OF:	  

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150003691 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Distinguished Flying Cross (First Oak Leaf Cluster) and the Air Medal (20th Award).

2.  He states his DD Form 214 does not mention the above awards.

3.  He provides partial flight records and award certificates for the requested awards.

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 prior enlisted service in the Regular Army, the applicant accepted an appointment as a warrant officer on 30 June 1969.  A review of his record shows he served in Vietnam during the period from on or about 11 September 1969 to 26 August 1970.  He was assigned to:

* Company B (General Support), 1st Aviation Battalion, 1st Infantry Division, as a rotary wing pilot from 16 September 1969 to 22 May 1970
* Troop C (Air Cavalry), 16th Cavalry, from 23 May to 26 August 1970, as a helicopter pilot

3.  The Awards and Decorations Computer Assisted Retrieval System contains orders issued to the applicant for the following awards:

* Distinguished Flying Cross, dated 11 January 1971
* Distinguished Flying Cross (First Oak Leaf Cluster), dated 21 January 1971
* Air Medal (1st through 6th Award), dated 30 December 1969
* Air Medal (7th through 8th Award), dated 30 December 1969
* Air Medal (9th through 13th Award), dated 13 January 1970
* Air Medal (14th through 15th Award) dated 3 March 1970
* Air Medal (16th through 20th Award), dated 15 March 1970

4.  The applicant was released from active duty 30 June 1969 after completing 
1 year, 7 months, and 5 days.  He also completed 2 years, 10 months, and
15 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:

* National Defense Service Medal
* Army Aviator Badge
* Army Good Conduct Medal
* Vietnam Service Medal
* Air Medal (1st -20th Award)
* Army Commendation Medal
* Republic of Vietnam (RVN) Campaign Medal with Device “1960”
* Two Overseas bars
* Expert Marksmanship Rifle Badge (M-16) and Pistol Badge (.38 Caliber)

5.  The applicant is entitled to additional awards and decorations not shown on his DD Form 214.

6.  Department of the Army General Orders (DAGO) Number 52, dated 1971, announced award of the RVN Gallantry Cross with Palm Unit Citation to the 16th Cavalry during the period 5 April to 10 October 1970.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service in the RVN:  the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

8.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to add the Distinguished Flying Cross (First Oak Leaf Cluster) and Air Medal (1st through 20th Award) was carefully considered and there is sufficient evidence to grant relief.

2.  His record contains general orders for the Distinguished Flying Cross (First Oak Leaf Cluster); therefore, he is entitled to correction of his record to show this award.

3.  The RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214 was awarded by general orders to applicant's unit.  He is entitled to correction of his record to show this unit award.

4.  The applicant was awarded the Vietnam Service Medal (VSM).  He participated in four campaigns while serving in the RVN.  He is entitled to award of four bronze service stars to be affixed to his previously-awarded VSM.

5.  The applicant's record contains general orders awarding the Air Medal (1st through 20th Award) and these awards are currently listed on his DD Form 214.


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 adding the following awards to his DD Form 214:

* Distinguished Flying Cross (First Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to the previously-awarded Vietnam Service Medal

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 adding the Air Medal 
(1st through 20th Award) to his DD Form 214.  



      __________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)                                         AR20150003691



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ABCMR Record of Proceedings (cont)                                         AR20150003691



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