IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100018325
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 reconsideration of the Board's denial of his previous request for correction of his records to show award of the Silver Star.
2. The applicant states he now has evidence he did receive the Silver Star.
3. The applicant provides a Silver Star Certificate, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a photocopy of his DD Form 2 (Retired Identification Card).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090020506 on 1 June 2010.
2. The Silver Star Certificate provided by the applicant is new evidence which requires that the Board reconsider his request.
3. The applicant's records show he enlisted in the Regular Army on 14 February 1966 and was awarded the military occupational specialty of medical corpsman.
4. He was assigned to multiple units while he served in the Republic of Vietnam during the period 20 April 1967 to on or about 30 September 1968.
5. He was honorably retired on 6 June 1969 in the rank/grade of specialist five/
pay grade E-5 by reason of temporary physical disability.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended, shows the National Defense Service Medal, Air Medal (2nd Oak Leaf Cluster), Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, Purple Heart, Combat Medical Badge, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with one silver service star and one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, and Expert Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-16) Bars.
7. General Orders Number 766, dated 28 March 1968, awarded him the Bronze Star Medal with "V" Device for heroism in action on 12 November 1967.
8. General Orders Number 968, dated 15 April 1968, awarded him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism for action during the period 21 through 23 November 1967.
9. His official military personnel file is void of orders or other documents that indicate he was ever recommended for or awarded the Silver Star by proper authority.
10. The applicant provided a certificate showing he was awarded the Silver Star for gallantry in action in the Republic of Vietnam during the period 21 through 23 November 1967.
11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Silver Star.
12. In the processing of the case, a member of the Board's staff contacted the Awards Branch requesting a search for an order showing the applicant was awarded the Silver Star. While no order was available it was determined that I Field Force General Orders Number 452, dated 1968, awarded him the Silver Star.
13. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated to insure prompt recognition of an act, achievement, or service, the award of a suitable lesser military decoration may be made by appropriate authority pending final action on a recommendation for a higher award. Each such lesser award will be revoked simultaneously with an award of a higher military decoration for the same act.
14. Army Regulation 672-5-1 stated only one military decoration will be awarded for the same act, achievement, or period of meritorious service. An award for meritorious service may include meritorious achievements, but duplicate awards will not be made for meritorious achievement and meritorious service involving the same period of time. Continuation of the same or similar type service already recognized by an award for meritorious service will not be given a second award.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows General Orders Number 452 awarded him the Silver Star. As such, he is entitled to correction of his DD Form 214 to show this award.
2. The action for which he was awarded the Silver Star covers the same period as that of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster). It is presumed the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) was issued as an interim award while waiting for approval of the Silver Star. Since only one military decoration will be awarded for the same act, it is presumed General Orders Number 968 awarding him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) were revoked upon issuance of General Orders Number 452 awarding him the Silver Star. As such, out of necessity, the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) must be removed from his DD Form 214.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 amendment of the ABCMR's decision in Docket Number AR20090020506, dated 1 June 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) from his DD Form 214 and
b. adding the Silver Star and Bronze Star Medal with "V" Device to his DD Form 214.
___________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) AR20100018325
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ABCMR Record of Proceedings (cont) AR20100018325
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