BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014380 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014380 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150014380 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 several items in the "Reason" portion of General Orders Number 1847, issued by United States Army Vietnam on 10 December 1965, awarding him the Distinguished Flying Cross: * first line, as well as throughout, his last name as "Meyers" instead of "Myers" * fourth line, correct the "overtyped" word "Vietnam" * sixth line, helicopters were needed in Dong Xoai instead of Thuan Loi * eleventh line, he proceeded to Phuoc Binh instead of Ben Cat 2. The applicant states, in effect, the orders contain administrative errors. He was assisting the 118th Aviation Company at the time. He was in the next to last helicopter, piloted by Warrant Officer (WO) DS. He and his crew were listed as missing in action. Information states that his ship was struck by an RPG while airborne. This is incorrect. They were on the ground and WO DS was to his immediate right rear when hit by what was most likely an RPG. He states he is requesting these corrections for his obituary and understands if the corrections cannot be made. 3. The applicant provides a copy of General Orders Number 1847. 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 served on active duty in an enlisted status from 23 November 1954 to 4 November 1960. All documents pertaining to this service show his last name as "Meyers." 3. He was appointed as a warrant officer and entered active duty on 24 August 1963, holding a CH-47 Pilot military occupational specialty. 4. He served in a variety of stateside or overseas assignments, including Japan and Vietnam, and attained the rank of chief warrant officer four (CW4). 5. He retired on 31 October 1976 and he was placed on the Retired List on 1 November 1976. His DD Form 214 (Report of Separation and Record of Service) lists the Distinguished Flying Cross among his awards. 6. General Orders Number 1847, issued by United States Army Vietnam on 10 December 1965 awarded him the Distinguished Flying Cross for heroism on 10 June 1965 in Vietnam. The standard name line on the orders shows his last name as "Meyers." However, the "Reason" portion reads: For heroism while participating in aerial flight. Chief Warrant Officer Myers distinguished himself on 10 June 1965 while serving as aircraft commander of a helicopter in the Republic of Vietnam. Chief Warrant Officer Myers was on a routine mission when he received word that all available helicopters were needed to airlift Vietnamese troops from Ben Cat to the area of Thuan Loi where a battle was in progress between units of the Vietnamese army and the Viet Cong. He immediately volunteered for the mission despite the known danger. His request was granted and he proceeded to Ben Cat, where he joined another unit loading troops for the combat assault. Chief Warrant Officer Myers then flew with this unit to a landing zone in the battle area. As his helicopter approached, the ground area erupted with intense enemy automatic weapons fire. His ship was struck repeatedly by automatic weapons fire seriously wounding the pilot, killing two ARVN soldiers, and wounding two others. Chief Warrant Officer Myers was struck on the back of the helmet by an enemy round and was momentarily stunned. Recovering quickly, he took control of the seriously damaged helicopter and prevented it from crashing into the ground. He calmly directed the fire of his door gunners against hostile emplacements clearly visible in nearby buildings. After successfully flying his damaged ship out of the immediate battle area, Chief Warrant Officer Myers directed the efforts of his gunners to aid the stricken pilot. He then proceeded directly to the nearest medical collection point where the pilot was treated and evacuated. Throughout the engagement, he calmly directed the actions of his crew and inspired them by his performance under intense fire. Chief Warrant Officer Myers' daring courage and quick thinking prevented the loss of his helicopter and saved the lives of all on board. REFERENCES: Army Regulation 672-5-1 (Awards) and the Military Assistance Command Vietnam (MACV) Directive Number 672-1 (Decorations, Awards, and Honors) governed awards and decorations during the Vietnam conflict. Recommendations were signed by the individual initiating the award, endorsed through the chain of command, and approved by a commander with appropriate delegated authority. The award was announced via general orders and accompanied by a citation and certificate. DISCUSSION: 1. General orders awarded the applicant the Distinguished Flying Cross for heroism on 10 June 1965 in Vietnam. The standard name line of the orders correctly listed his last name as "Meyers." The "Reason" block listed his last name as "Myers" throughout. There is no evidence that this typographical error has done him any harm. 2. The applicant's recollection of the actions that took place on 10 June 1965 is not in question. Unfortunately, the records available to this Board do not contain witness statements, operation orders, journal entries, after action reports, or other documents that could be used to verify the details of what occurred. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014380 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014380 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2