BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029778


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 his award of the Silver Star.

2.  He also requests a replacement medal for his Silver Star.

3.  The applicant states this error should be corrected.

4.  The applicant provides:

* General Orders Number 2561, Headquarters, 25th infantry Division, Vietnam, dated 4 April 1968, awarding him the Silver Star
* DD Form 214

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army (RA) for 3 years on 30 June 1965. His DA Form 20 (Enlisted Qualification Record) shows:

Effective Date
Duty MOS
Principal Duty
Organization & Station
30 Jun 1965
None
Enlistment
US Army Reception Station, Fort Polk, LA
12 Jul 1965
09BOO
Basic Combat Training
Co A, 3rd Bn, 1st Trng Bde, Fort Polk, LA
20 Sep 1965
16C1O
Fire Control Oper Asst
A Btry, 3rd Msl Bn, 5th Arty, E. Windsor, CT
05 Aug 1966

Casual
En route to USAREUR
09 Sep 1966
11H4O
Squad Leader
Co A, 1st Bn, 4th Inf (Germany)
23 May 1967

Casual
En route to CONUS & USARPAC (Vietnam)
07 Jul 1967
11H4O
Squad Leader
Co A, 2nd Bn, 27th Inf, 25th Inf Div (Vietnam)
29 Jan 1968

Casual
En route to CONUS
15 May 1968

Patient
Ireland Army Hospital, Fort Knox, KY
21 May 1968

Separation
Fort Knox, KY
His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings and had no court-martial convictions.

4.  The applicant's records show his RA serial number as RA18735552 and his Social Security Account Number (SSAN) as XXX-XX-6569.

5.  Special Orders Number 244, Headquarters, 25th Infantry Division, Vietnam, dated 1 September 1967, promoted the applicant to Staff Sergeant (SSG/E-6) and listed his service number as RA18735552 and his unit as Company A, 2nd Battalion, 27th Infantry, 25th Infantry Division.

6.  General Orders Number 2561, Headquarters, 25th infantry Division, Vietnam, dated 4 April 1968, awarded the applicant the Silver Star for gallantry in action on 26 November 1967.   The citations states:

Staff Sergeant [Applicant] distinguished himself by heroic actions on 26 November 1967, while serving as platoon sergeant for Company A, 2nd Battalion, 27th Infantry on a search and destroy operation in the Republic of Vietnam.  As Sergeant [Applicant] and his platoon were advancing through thick undergrowth they were suddenly confronted with an intense volume of hostile automatic weapons and small arms fire.  Sergeant [Applicant] immediately retaliated with effective fire into the enemy positions.  In order to provide maximum effective fire he repeatedly exposed himself to withering enemy fire.  With complete disregard for his own safety he rushed into the killing zone to render aid to a wounded comrade.  He fearlessly moved the soldier to safety, simultaneously laying down a protective base of fire to cover his hazardous movement.  Sergeant [Applicant] then rejoined his platoon and played a major role in routing the enemy and completely destroying their fortifications.  Sergeant [Applicant's] personal bravery, aggressiveness, and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, the 25th Infantry Division, and the United States Army.

7.  The Silver Star order incorrectly lists the applicant's SSAN as XXX-XX-6196 but it lists his correct service number.  These orders are also found in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the US Army Human Resources Command.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 27th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Order Number 48, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 27th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal,  for each credited campaign.  The applicant participated the Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968, campaign.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his already-awarded Silver Star be added to his DD Form 214.

2.  The applicant provided orders, also found in ADCARS, awarding him the Silver Star.  Although the applicant's SSAN is incorrect on these orders, his name, RA service number, and unit of assignment are correct.  Additionally, the time period coincides with his assignment to Vietnam.  The orders are accepted as proof of his entitlement to the Silver Star.

3.  The applicant enlisted in the RA for 3 years.  He was an exceptional Soldier, receiving "excellent" conduct and efficiency ratings, rising to the rank of SSG in a very short time, and being assigned duties as an infantry platoon sergeant.  He should be awarded the Army Good Conduct Medal for his service from 30 June 1965 through 21 May 1968.

4.  The applicant is also entitled to other awards which do not appear on his DD Form 214.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure.  These foreign unit awards should be added to his DD Form 214.

5.  The applicant is entitled to wear 1 bronze service star on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____x____  ____x____  __x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal for the period 30 June 1965 through 21 May 1968
* deleting the Vietnam Service Medal from his DD Form 214
* adding the Silver Star, Army Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  Additionally, the applicant's Silver Star order should be corrected to show his correct SSAN.



      ____________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)                                         AR20100029778





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ABCMR Record of Proceedings (cont)                                         AR20100029778



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