IN THE CASE OF:	  

		BOARD DATE:	        03 September 2008

		DOCKET NUMBER:  AR20080008321 


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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Silver Star.

2.  The applicant states that he was awarded the Silver Star for action on 14 July 1969 in the Republic of Vietnam while serving with B Company, 12th Cavalry Regiment, 1st Cavalry Division.

3.  The applicant provides a cover page and page 18 of a “supplement to Unit History 1969.

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.  On 19 December 1965, the applicant was ordered to active duty as a member or the New Mexico Army National Guard.  He completed his initial training and was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  He was subsequently released from active duty and transferred back to the National Guard on 1 May 1966.

3.  On 13 March 1967, the applicant enlisted in the Regular Army for 6 years, beginning in the rank of private, pay grade E-2.  He was assigned for duty as a wheeled vehicle mechanic at Fort Benning, Georgia.

4.  On 11 February 1968, the applicant was discharged for the purpose of accepting a commission.  He had attained the rank of specialist five, and had completed a 1 year, 3 months, and 1 day of active duty service.

5.  On 12 February 1968, the applicant was appointed as second lieutenant, United States Army Reserve, with concurrent call to active duty.  He was subsequently assigned for duty as an infantry officer.

6.  Records show that the applicant served in the Republic of Vietnam from 
22 June 1969 to 31 May 1970.  He performed duty as a rifle platoon leader with the 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 28 June to 
26 July 1969.

7.  On 27 July 1969, the applicant was reassigned for duty as a security platoon Leader with the 3rd Brigade, 1st Cavalry Division.

8.  On 8 January 1970, the applicant was reassigned to the 1st Battalion, 7th Cavalry, 1st Cavalry Division for duty as a rifle platoon leader.

9.  On 24 February 1970, the applicant was reassigned to the 3rd Brigade, 1st Cavalry Division, for duty as the S-3 Air [air operations officer].  On 31 May 1970, the applicant returned to the United States.

10.  On 11 February 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of captain, pay grade O-3, and had completed a total of 5 years and 6 months of creditable active duty service.





11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Army Commendation Medal, Bronze Star Medal, Soldier’s Medal, Air Medal, Combat Infantryman’s Badge, Parachutist Badge, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal with “1960-“ Device, Vietnam Gallantry Cross with Palm Unit Citation, Vietnamese Parachute Wings (Honorary), Expert Marksmanship Qualification Badge with Rifle [M-14] Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.  It does not show award of the Silver Star. 

12.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Silver Star. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star 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.

14.  The applicant has provided a two-page document that list his name under the heading of “Enlisted Personnel” as a recipient of the Silver Star.  It does not include his service number or social security number.  It has “First Lieutenant hand written beside his name. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant is not sufficiently convincing that he was awarded the Silver Star for his action on 14 July 1969.  Furthermore, there is no evidence of record to substantiate his contention that he was awarded the Silver Star.

2.  In view of the above, the applicant’s request should be denied.

3.  However, should the applicant have a copy of the orders awarding him the Silver Star, or be able to obtain them or other documentation that substantiates an award of the Silver Star, he may submit another application for consideration.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        XXX                ___
                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.



ABCMR Record of Proceedings (cont)                                         AR20080008321





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ABCMR Record of Proceedings (cont)                                         AR20080008321



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