IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024526 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and the Silver Star.

2.  The applicant states, in effect, the awards were omitted. 

3.  The applicant provides:

* DD Form 214
* Orders awarding him the Purple Heart
* Letter from the national Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)

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 records show he was inducted into the Army of the United States on 1 March 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam with Company A, 2nd Battalion, 14th Infantry, from on or about 27 July 1967 to on or about 19 January 1968.

4.  General Orders Number 46, issued by Headquarters, 45th Surgical Hospital, on 16 December 1967, awarded him the Purple Heart for wounds received in action on 14 December 1967.

5.  He was honorably released from active duty on 14 April 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Vietnam Campaign Medal
* Combat Infantryman Badge

7.  His records do not contain official orders awarding him the Silver Star.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Special Orders Number 98, issued by Headquarters, Fort Polk, LA, on 17 April 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Special Orders Number 160, issued by Headquarters, Fort Polk, LA, on 22 June 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  Special Orders Number 161, issued by Headquarters, Fort Polk, LA, on 23 June 1967 awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

13.  Department of the Army General Orders Number 48, dated 1971, awarded the 2nd Battalion, 14th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968.

14.  Department of the Army General Orders Number 51, dated 1971, awarded the 2nd Battalion, 14th Infantry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966 to 21 January 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 14 December 1967 in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), none of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  With respect to the Silver Star, there is no evidence in the available records that show he was recommended for or awarded this award.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show this award. 




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the 

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Silver Star 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)                                         AR20100024526



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ABCMR Record of Proceedings (cont)                                         AR20100024526



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