APPLICANT REQUESTS:  In effect, that his DD Form 214 be corrected to show he was awarded the Distinguished Flying Cross (DFC ) with “V” Device and the Silver Star.  He states, in effect, that he was awarded the DFC in a ceremony but had to leave immediately on a mission and so did not pick up the citation.  As he departed Vietnam, he told his commander he had never received the DFC citation.  His commander told him he would receive that citation, plus another DFC and two Silver Stars.  He thinks the awards process may have been hindered because of a squabble between two commands.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant’s military records show:

He enlisted in the Regular Army on 1 July 1965.  He was honorably discharged on 24 October 1967 to accept appointment as a warrant officer.  He served in Vietnam from 13 November 1967 - 8 November 1968 as a helicopter pilot.

The applicant was separated on 24 April 1970.  His DD Form 214 listed the Air Medal with 25 oak leaf clusters, the Air Medal with “V” Device and the Army Commendation Medal (ARCOM) as some of the awards and decorations he had earned.

In a search of both the 1st Aviation Brigade and 9th Infantry award order files, Awards Branch, Total Army Personnel Command was able to locate the applicant’s two Air Medal orders and the ARCOM orders.  No orders for either the DFC or the Silver Star, from either organization, were located.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered no later than 24 April 1970, the date the applicant was separated.  The time for the applicant to file a request for correction of any error or injustice expired on 24 April 1973.

The application is dated 12 October 1996.  The applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                       EXCUSE FAILURE TO TIMELY FILE

                       GRANT FORMAL HEARING

                       CONCUR WITH DETERMINATION

                              Loren G. Harrell
					         Director