IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100015286
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 that his second Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he earned both so they both should be shown on his DD Form 214.
3. The applicant provides his DD Form 214; an award certificate for the Silver Star, dated 19 January 2001; the narrative of a Congressman when he presented the Silver Star with Oak Leaf Cluster to the applicant on 31 August 2001; General Orders Number 154, dated 15 June 1951, which awarded the applicant the Silver Star for his actions on 14 and 15 February 1951; a list of his awards, decorations, and badges; a certificate of achievement, dated 31 July 1968; and Korean War Branch Bulletin Winter 1995.
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. The applicant's military records show he entered active duty on 4 December 1940 and was honorably released from active duty on 7 July 1945. He reentered active duty on 27 August 1948, served continuously without any further breaks in service, was promoted to the rank of command sergeant major, and was retired for years of service on 31 July 1968.
3. General Orders Number 154, dated 15 June 1951, awarded the applicant the Silver Star for his actions on 14 and 15 February 1951. The narrative in those orders say, in part, that while "in command of a section of tanks which was covering a road which ran into the regimental perimeter
a large enemy force overran the friendly forces positions, causing them to withdraw in disorder. With complete disregard for his personal safety, [applicant] left his position of comparative safety, and under a hail of enemy small arms and mortar fire reorganized the confused men into a new defensive position, halting the enemy's advance."
4. On 22 October 1963, the applicant submitted a letter requesting the Silver Star medal set to accompany General Orders Number 154 and asked if there was any record of him being recommended for the Silver Star for action on the Chung-Chong river line in North Korea on 27 November 1950.
5. The applicant submitted an award certificate for the Silver Star, dated 19 January 2001, and the narrative of a Congressman who presented the medal to the applicant. The Congressman, apparently reading from the narrative from the applicant's Silver Star orders, said the decoration was awarded for the applicant halting an attack on 25 November 1950 which resulted in 14 enemy killed and 87 enemy captured. However, the applicant did not submit orders for this Silver Star and no orders are contained in his military records.
6. In the processing of this case the Board's staff contacted the U.S. Army Human Resources Command (HRC) Awards Branch. HRC confirmed the Awards Board awarded the applicant the Silver Star in 2001, but it did not retain a copy of the order awarding that decoration to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The Silver Star certificate would normally be insufficient evidence to add a second Silver Star to the applicant's DD Form 214. Orders are required to add decorations to a DD Form 214. However, HRC confirmed the Awards Board awarded the applicant the Silver Star in 2001.
2. It is obvious that the two Silver Stars are for distinctly separate acts on different dates.
3. In view of the foregoing, it would be appropriate to add the applicant's second Silver Star to his DD Form 214 for the period ending 31 July 1968.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 for the period ending 31 July 1968 to read "Silver Star with First Oak Leaf Cluster."
__________X______________
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) AR20100015286
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ABCMR Record of Proceedings (cont) AR20100015286
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