| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Robert L. Duecaster | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Silver Star.
2. The applicant states that he is entitled to award of the Silver Star because of his combat experience and his actions in the handling of misfired and explosive [ammunition] rounds.
3. The applicant provides a copy of a 4 February 1970 letter from his battalion commander to the applicant's mother, a copy of a 25 February 2002 statement from a former comrade, a copy of his DD Form 214 (Report of Transfer or Discharge), and a 1 March 2002 self-authored statement.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error or injustice which occurred on 1 March 1970. The application submitted in this case is dated 13 May 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant requested correction of his records to show award of the Silver Star. There are no orders or other evidence authorizing award of this decoration. In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in the Record of Proceedings.
4. The applicant's DD Form 214 shows that he entered on active duty on 28 July 1967, served 1 year, 10 months, and 29 days overseas, and was released from active duty on 1 March 1970 in the rank of Specialist Five, grade E-5. His last duty assignment prior to his separation was with Headquarters and Headquarters Company (HHC), 2nd Battalion, 34th Armor, in Vietnam. His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal.
5. On 4 February 1970 the applicant's battalion commander, in a letter to his mother, informed her that her son was performing his duty in an excellent manner and was a distinct asset to his unit.
6. In a 25 February 2002 statement, a former Soldier stated that he was assigned to the 34th Armor tank platoon, and that the ammunition for the 90mm guns on the tanks was old and unreliable, resulting in many dangerous misfires.
7. In a 1 March 2002 statement the applicant indicated that he was 100 percent disabled because of posttraumatic stress disorder. He described his experiences while in Vietnam, to include the many misfires of the 90mm cannon on the tanks, stating that the ammunition was old and unreliable, and that they were in constant danger of the ammunition exploding.
8. The Unit Citation and Campaign Participation Credit Register shows that HHC, 2nd Battalion, 34th Armor, was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit.
9. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant's service in Vietnam was commendable as shown by the award of the Bronze Star Medal and the Army Commendation Medal. He was released from active duty in pay grade E-5. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.
2. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
BOARD VOTE:
__RJW__ __MHM__ __RLD __ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003091006 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040219 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2013 | 20130013747
Application for correction of military records (with supporting documents provided, if any). His original DD Form 214 for the period ending 30 January 2005 shows the Meritorious Unit Commendation (3rd Award) and Valorous Unit Award as authorized awards. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 30 January 2005 to show the following awards: * Silver Star * Joint Meritorious Unit Award * Expert...
ARMY | BCMR | CY2006 | 20060006133C070205
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Purple Heart, in effect, the Purple Heart with Oak Leaf Cluster (OLC), the Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM), Combat Infantryman Badge (CIB), Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's records show that he was awarded the Vietnam Service Medal. As a...
ARMY | BCMR | CY2006 | AR20060017047C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 July 2007 DOCKET NUMBER: AR20060017047 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. The applicant goes on to state that the retired colonel believes that he should be awarded the CIB for his action in the fire fights that he participated in while he was a member of the LRRP serving as an infantryman. ...
ARMY | BCMR | CY2009 | 20090018118
Application for correction of military records (with supporting documents provided, if any). It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such...
ARMY | BCMR | CY2009 | 20090004867
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period of service from 29 March 1968 to 6 November...
ARMY | BCMR | CY2014 | 20140017591
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records showing the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 27 February 1968 through 26 February 1971 and b....
ARMY | BCMR | CY2010 | 20100021817
The PH and SS are not included in the list of awards in item 41 of his DA Form 20, and his record is void of any orders or other documents that show he was ever recommended for or awarded either of these awards by proper authority while serving in the RVN. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure: * NDSM * VSM *...
ARMY | BCMR | CY2012 | 20120004475
For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Army Regulation 635-5 states " all decorations, service medals, campaign credits, and badges awarded or authorized " will be shown on DD Form 214. Therefore, the entry in item 24 of his DD Form 214 for the period ending 3 October 1972 should read the: * Silver Star (2nd Award) * Purple Heart (2nd Award) *...
ARMY | BCMR | CY2010 | 20100024384
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2nd Award), RVN Civil Actions Honor First Class Unit Citation, Meritorious Unit Commendation, and RVN Gallantry Cross with Silver Star. The applicant provides his DD Form 214, effective 5 June 1970; DD Form 215 (Correction to DD Form 214), dated 2...
ARMY | BCMR | CY2006 | AR20060008261C071029
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant's records do show that the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and that he had excellent conduct and efficiency ratings throughout his service in the Army. As a result, the Board recommends denial of so much of the application...