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ARMY | BCMR | CY2003 | 2003089073C070403
Original file (2003089073C070403.rtf) Auto-classification: Approved
RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 December 2003
         DOCKET NUMBER: AR2003089073

         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.

Mr. Carl W. S. Chun Director
Mr. Klaus P. Schumann Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning Chairperson
Mr. Raymond J. Wagner Member
Ms Eloise C. Prendergast. Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

         1. The applicant requests, in effect, that his separation document (DD Form 214) be corrected to show the award of the Silver Star (SS) and that the Social Security Account Number (SSAN) listed on the SS orders and certificate be corrected.

2. The applicant states, in effect, that the SS he received during his last tour in the Republic of Vietnam (RVN) was not entered on his DD Form 214. He further states that the SSAN entered on his SS amendment orders and certificate contained the wrong digit in the eighth character.

3. In support of his application, the applicant provides a 15 February 1973
DD Form 214, a Department of the Army certificate, dated 6 July 1972, which awarded him the Silver Star, and a Headquarters, 1st Aviation Brigade General Order 2203, dated 31 July 1972, which amended his last name.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
15 February 1973. The application submitted in this case is dated 24 March 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's military records contain four DD Forms 214, dated 16 June 1968, 15 February 1973, 21 November 1982, and 1 September 1985, respectively.

4. A consolidation of the list of awards contained on the applicant's DD Forms 214 show that he earned the following awards during his tenure on active duty: National Defense Service Medal; Army Aviator Badge; Good Conduct Medal, Republic of Vietnam Service Medal; Air Medal; RVN Campaign Medal; Purple Heart; Distinguished Flying Cross; Army Reserve Component Achievement Medal with two oak leaf clusters; Army Service Ribbon, RVN Gallantry Cross w/Palm; and Armed Force Reserve Medal. The SS in not included in this list of awards.

5. The applicant's military records contain a copy of Headquarters, 1st Aviation Brigade General Orders 1950, dated 6 July 1972, which awarded him the SS, for gallantry in action in connection with military operations involving conflict with an armed hostile force in the RVN on 8 June 1972.

6. The General Orders that awarded the applicant the SS and the accompanying certificate contained an incorrect digit in the eight character of the SSAN. The applicant's correct SSAN contains the digit 3 in the eighth character whereas the digit 5 is listed in the orders and certificate.

7. The applicant's records also contain a copy of 1st Aviation Brigade General Orders 6870, dated 4 October 1960, which awarded him the Air Medal for service during the period 23 July 1968 to 9 August 1968.

8. The record also contains a copy of 1st Aviation Brigade General Orders 2171, dated 27 July 1972, which awarded him the Air Medal Second Award with "V" device for service on 20 May 1972.

9. In addition, the record includes a copy of 1st Aviation Brigade General Orders 2411, dated 18 August 1972, which awarded him the Air Medal Third Award with "V" device for service on 5 June 1972.

10. 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. Failure to file within the time allotted may be excused by a correction board if it finds it would be in the interest of justice to do so.

11 Army Regulation 600-8-22 provides, in pertinent part, that the SS is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal 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 are required.

13. Current regulatory policy provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the
Air Medal. The numeral 2 denotes the second award of the Air Medal.

14. Army Regulation 600-8-22 provides, in pertinent part, that effective 29 February 1964, the "V" device was authorized for wear on the Air Medal and the Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the Bronze Star Medal with "V" device. In case of multiple "V" devices for the same award, only one "V" device is worn on the service ribbons.

DISCUSSION AND CONCLUSIONS:


1. Evidence of record shows that the applicant was awarded the SS for gallantry in action on 8 June 1972 in the RVN. Therefore, he is entitled to correction of his military records to show award of the SS.

2. It is noted that the applicant's SSAN on the SS General Orders and certificate is incorrect. However, this is a minor administrative error that does not impact the applicant’s entitlement to SS. Therefore, correction of the orders and certificate are not required to make the needed correction to the record.

3. The evidence of record also shows that the applicant’s record contains administrative errors in that three awards of the Air Medal and the “V” Device were omitted from the list of awards contained on his DD Forms 214. Correction of this omission does not require action by the Board. Therefore, administrative correction of his record will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

_MM___ _ECP___ __RJW__ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he earned the Silver Star and adding this award to his record and specifically his DD Form 214.

2. The Board further determined that correction of the Social Security Account Number on the Silver Star award orders and certificate is not necessary to document the award on the record of the individual concerned. As a result, the Board recommends no action be taken on this issue.

3. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show he is entitled to the Air Medal Third Award with
“V” Device; and by providing him a corrected separation document that includes all awards. .





                  Mark D. Manning
                  CHAIRPERSON




INDEX

CASE ID AR2003089073
SUFFIX
RECON
DATE BOARDED 2003/12/09
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1973/02/15
DISCHARGE AUTHORITY AR 635-100
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. Silver Star 107.0007.0000
2. DFC 107.0132.0000
3. AM 107.0018.0000
4.
5.
6.


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