ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 July 2019 DOCKET NUMBER: AR20170003631 APPLICANT REQUESTS: reconsideration of his previous request to be awarded the Distinguished Flying Cross (DFC) (1st Oak Leaf Cluster (OLC)). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * reconsideration letter to Congress * applicant letter to Congress * enclosure A, statement from Major TCS * enclosure B, DFC * enclosure C, Air Medal (AM) with V Device and Numeral 8 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004517 on 27 August 2009. 3. The applicant provides: a. The applicant’s letter to Congress dated 10 March 2017 is in response to the letter Congress received from the Army Review Board (i.e. Army Board for Correction of Military Records) (ABCMR) in response to Docket Number AR20090004517. The ABCMR denied his request for being awarded the DFC for actions in Vietnam on 24 March 1971 referred to as the "Tri-Border Rescue". In his letter he explains why he feels the ABCMR has made an error in their interpretation of his request and why they failed to recognize crew members properly for their heroic actions on that date (detailed letter enclosed in packet). Enclosure A, statement from Major TCS details the events that took place on 24 March 1971 in Vietnam. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 28 April 1969 for 3 years and training in Army Career Group 67 (Aircraft Maintenance). He served through one reenlistment on 20 May 1971 and was honorably discharged on 17 February 1978. b. General Order Number 3195, dated 19 March 1971, published by Headquarters, 23d Infantry Division, Vietnam, awarded him the DFC for service on 3 March 1971. c. Permanent orders 327-07, dated 23 November 2009, published by the Army Review Board Agency, awarded him the Air Medal with V Device and Numeral 18 for service on 24 March 1971. 5. On 5 March 2009, in regards to his submission to be awarded the DFC, or in the alternative, be awarded the AM with “V” Device, in ABCMR Docket Number AR20090004517on 27 August 2009. a. The Board granted partial relief. On 28 May 2010, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that corrected his DD Form 214 to show the Air Medal with V Device and Numeral 18, Vietnam Service Medal with two Bronze Service Stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge two awards, and the Sharpshooter Qualification Badge with Rifle Bar. b. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board denied award of the DFC. 6. By regulation, Army Regulation (AR) 600-8-22 (Military Awards), a. The DFC is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. b. The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air- land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. When awarded for heroism, the “V” Device is also awarded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board concluded that the applicant was never submitted for a second DFC. In the Board’s opinion, since commands are in a better position to determine when Soldiers are warranted recognition with awards, the Board found there was insufficient evidence to show that an error or injustice was present which would warrant correcting the record of the applicant; especially since the same command did submit the applicant in for his first award of the DFC for actions conducted five days prior to the event raised by the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Flying Cross (DFC) is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. 3. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air- land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. When awarded for heroism, the “V” Device is also awarded. ABCMR Record of Proceedings (cont) AR20170003631 4 1