IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025808
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, that his military records be corrected to show his award of the Silver Star.
2. The applicant states the Silver Star was not filed in his records.
3. The applicant provides a copy of an award certificate for the Silver Star.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 3 August 1967, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 8 December 1967, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam (RVN).
a. On 17 January 1968, he was assigned to duty as a rifleman with Company A, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division.
b. On 15 February 1968, he was reassigned, as a rifleman, to Company E within the same battalion.
c. On 23 March 1968, he departed the RVN and returned to the United States.
4. On 1 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4, and had completed 1 year,
11 months, and 29 days of creditable active duty service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar
* First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Personnel Qualification Record) does not show award of the Silver Star.
7. The award certificate provided by the applicant states that he was awarded the Silver Star for gallantry in action on 19 February 1968 while engaged in close combat with an armed hostile force.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Silver Star. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show his award of the Silver Star.
2. There are no available general orders showing the applicant was awarded the Silver Star. The certificate provided by the applicant is insufficient evidence by itself upon which to base a correction of his records. Should he have, or be able to obtain, a copy of the orders awarding him the Silver Star, or be able to provide other documentary evidence that sufficiently corroborates his claim for this award, he may submit another application for consideration.
3. In view of the above, his request for award of the Silver Star should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ 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.
_______ _ _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) AR20100025808
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ABCMR Record of Proceedings (cont) AR20100025808
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