BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160014363 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration . BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160014363 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. deleting award of the Vietnam Service Medal with one bronze service star from his DD Form 214 for the period ending 17 September 1971 and b. adding the following awards to his DD Form 214 for the period ending 17 September 1971: * Air Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined 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 recognition as Honor Graduate of Warrant Officer Fixed Wing Aviation Course 70-7 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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160014363 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 Discharge or Transfer) to show the following awards: * Air Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Honor Graduate of Warrant Officer Fixed Wing Aviator Course 70-7 2. The applicant states the omission of these awards was likely due to a clerical error. 3. The applicant provides a copy of Headquarters, 1st Aviation Brigade, General Orders Number 7968, dated 17 August 1970. 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 enlisted in the Regular Army on 14 May 1969. 3. His DA Form 61 (Application for Appointment) shows he attended Warrant Officer Fixed Wing Aviator Course 70-7 from September 1969 through May 1970. His records do not contain an academic evaluation report for this course or evidence awarding him recognition for being the Honor Graduate. 4. He was honorably discharged on 17 May 1970 to accept an appointment as a Reserve warrant officer of the Army. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period does not show an achievement award in recognition for being the Honor Graduate of Warrant Officer Fixed Wing Aviator Course 70-7. 6. Headquarters, U.S. Army Aviation Center and Fort Rucker, memorandum, subject: Appointment as a Reserve Warrant Officer of the Army, dated 18 May 1970, appointed him as a Reserve warrant officer of the Army in the U.S. Army Reserve effective 18 May 1970. 7. Headquarters, U.S. Army Aviation Center and Fort Rucker, Special Orders Number 122, dated 11 May 1970, ordered him to active duty effective 18 May 1970 with assignment to U.S. Army Vietnam Transient Detachment, Vietnam, effective 23 June 1970. 8. His records show he served in Vietnam from 23 June 1970 through 16 July 1971 and participated in three campaigns. 9. He provided Headquarters, 1st Aviation Brigade, Vietnam, General Orders Number 7968, dated 17 August 1970, awarding him the Air Medal for the period 9 July 1970 to 24 July 1970. 10. He was honorably relieved from active duty on 17 September 1971 by authority of the Early Release Program for Warrant Officer Aviators. 11. Item 24 of his DD Form 214 for the period ending 17 September 1971 shows he was awarded or authorized the: * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Army Aviator Badge * Army Commendation Medal 12. Department of the Army General Orders Number 8, dated 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. The instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. DISCUSSION: 1. General orders awarded him the Air Medal. His DD Form 214 for the period ending 17 September 1971 does not show this award. 2. All units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show this unit award. 3. His records show he participated in three campaigns during his service in Vietnam. His DD Form 214 does not show three bronze service stars with his Vietnam Service Medal. 4. He requested correction of his DD Form 214 to show he was the Honor Graduate of Warrant Officer Fixed Wing Aviator Course 70-7. However, his records do not contain an academic evaluation report for this course or evidence awarding him recognition for being the Honor Graduate. Absent an award, there is no provision for entering student standing among peers upon successful completion of any course to a DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014363 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014363 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2