ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 July 2019 DOCKET NUMBER: AR20170014485 APPLICANT REQUESTS: a review of his service record to determine if he is eligible for award of the Distinguished Flying Cross. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Veterans Service Office (County of Sonoma) Letter dated 5 July 2017 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. The applicant states he is requesting a review of his service records to determine if he is eligible for award of the Distinguished Flying Cross. He recently pulled out uniforms and came across a Distinguished Flying Cross, but he did not find any certificates that stated he was eligible for the award. He would like to know if there is supporting documentation showing he is authorized to wear it. 3. The applicant provides a letter from Veterans Service Office of the County of Sonoma, dated 5 July 2017, which states they are assisting the applicant with the request. 4. A review of the applicant’s service record shows: a. Having prior enlisted service, he was appointed as a Reserve warrant officer on and entered active duty on 23 September 1968. b. He served in Vietnam from 14 October 1968 to 11 December 1969 through 5 campaigns. He was assigned to 240th Aviation Company (Assault Helicopter), 1st Aviation Brigade. c. A DD Form 759 (Individual Flight Record and Flight Certificate – Army), covering the period of July to December of 1969, documented pilot combat time of 1,170 hours. d. The service record was void of documentation showing he was recommended for or awarded the Distinguished Flying Cross. e. On 10 April 1970, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized: * National Defense Service Medal * Army Aviation Badge * Vietnam Service Medal * Air Medal * Vietnam Campaign Medal * two overseas service bars * Republic of Vietnam Gallantry Cross Unit Citation with Palm * Civil Action Honor Medal – First Class 5. A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Distinguished Flying Cross. 6. Department of the Army General Orders (DAGO) Number 59, dated 1969, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm to 240th Aviation Company, for service in Vietnam for the period of January 1969 to June 1969. 7. DAGO Number 59, dated 1969, awarded the Republic of Vietnam Civil Actions Honor Medal, First Class to 240th Aviation Company, for service in Vietnam for the period of 19 December 1966 to 28 June 1969. 8. By regulation, the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 9. By law and regulation, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration, either for an individual or unit that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions was carefully considered. He requested a records check to determine if he was awarded the Distinguish Flying Cross. After a careful review of his available records, the Board agreed his record is absent any evidence that shows he was recommended or awarded the DFC. 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. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records show he is authorized additional awards not annotated on his DD Form 214. As a result amend his DD Form 214 by * Delete the Vietnam Service Medal * Add Army Good Conduct Medal * Add Army Commendation Medal * Add Bronze Star Medal * Add Vietnam Service Medal with one silver service star * Add Republic of Vietnam Gallantry Cross Unit Citation with Palm * Add Republic of Vietnam Civil Actions Honor Medal, First Class 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. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. A silver service star is worn instead of five bronze service stars to denote participation in five credited campaigns. b. The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. Paragraph 1-14, states except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. d. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. A request for an award (or upgrade of an award) under 10 USC 1130 requires submission of a completed DA Form 638 (Recommendation for Award); a narrative of the actions or period for which recognition is requested; and sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request are the best sources of corroborating evidence. Title 10 USC 1130 requires that a request of this nature be referred to the Service Secretary from a Member of Congress. 3. Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. a. Department of the Army General Orders (DAGO) Number 59, dated 1969, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm to 240th Aviation Company, for service in Vietnam for the period of January 1969 to June 1969. b. DAGO Number 59, dated 1969, awarded the Republic of Vietnam Civil Actions Honor Medal, First Class to 240th Aviation Company, for service in Vietnam for the period of 19 December 1966 to 28 June 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014485 4 1