PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             5 May 1999
	DOCKET NUMBER:    AC98-11208
	AR1999015798

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show his award of the Distinguished Flying Cross (DFC) and that he be awarded the Air Medal (AM) w/30 oak leaf clusters (OLC’s).

3.  The applicant states that he received the DFC on 16 August 1968, but it was never entered in his records.  He further states that he only has the paperwork for the additional AM OLC’s.  In support of his appeal he submits a copy of the General Orders awarding him the DFC and a copy of a handwritten log sheet which reflects the numbers and dates of his OLC’s.

4.  The applicant’s military records show that he accepted an appointment in the Army as a chief warrant officer on 29 August 1967 and he successfully completed his training as a helicopter pilot.

5.  His Report of Separation (DD Form 214) lists his awards as the Air Medal w/24 OLC’s, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/60 device, the Aviators Badge, the Expert (Rifle M-16) Badge and the Sharpshooter (Rifle M-14) Badge.

6.  A review of his records reveals that on 16 August 1970, orders were published awarding the applicant the DFC for heroism while participating in aerial flight on 18 June 1968.

7.  The records also show that on 21 August 1968, the applicant was awarded the AM w/24 OLC’s for meritorious achievement while participating in aerial flight for the period covering 23 January 1968 to 31 July 1968.  Further review of his records reveals that he continued to participate in aerial flight accumulating an additional 189.3 hours which resulted in his being eligible for an additional seven OLC’s for the period covering 1 August 1968 through 16 September 1968.

8.  He was honorably discharged on 28 August 1970, and he was transferred to the USAR control group.  He had completed 3 years of total active service for this period of service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

CONCLUSIONS:

1.  The record shows that the applicant was awarded the DFC for heroism while participating in aerial flight and, through no fault of his own, the award was erroneously omitted from his DD Form 214.

2.  He was awarded the AM w/24 OLC for the period covering 23 January 1968 through 31 July 1968.  He continued to participate in aerial flight, however his DD Form 214 fails to show his entitlement to the seven additional OLC’s that he accumulated for the period covering 1 August 1968 through 16 September 1968.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

a.  by showing that the individual concerned was awarded the Distinguished Flying Cross; and

b.  by amending his DD Form 214 to show that he was awarded the Air Medal with the numeral 31.

BOARD VOTE:  

___ja ___  ___rwa __  __js ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____James M. Alward______
		        CHAIRPERSON

INDEX

CASE ID	AC98-11208/AR1999015798	
SUFFIX		
RECON		
DATE BOARDED	1999/05/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  48	107.0002	
3.  64	107.0018	
4.		
5.		
6.