BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110003714
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Silver Star and the Korea Defense Service Medal. He also requests a new Silver Star Certificate and Silver Star Citation issued to show his last name as "SUG___" vice "SIG___."
2. The applicant states he received the Silver Star after he was discharged and his name is misspelled on the certificate and citation. He requests the Korea Defense Service Medal based on his service in Korea from February 1961 to May 1962.
3. The applicant provides:
* DD Form 214
* Silver Star orders
* DA Form 4980-R (Silver Star Certificate)
* Silver Star Citation
* DA Form 1577 (Authorization for Issuance of Awards)
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 appointed as a second lieutenant in the U.S. Army Reserve and executed an oath of office on 8 June 1960. He served in staff and leadership positions as a Regular Army infantry officer and attained the rank/grade of major/O-4.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served as follows:
* Korea 5 February 1961 through 4 May 1962
* Vietnam 8 September 1962 through 28 August 1962
* Vietnam 18 August 1965 through 15 July 1966
4. On 31 October 1980, he was honorably retired in the rank of MAJ. He completed 20 years, 4 months, and 23 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the awards of the Silver Star or the Korea Defense Service Medal.
6. The applicant provides U.S. Total Army Personnel Command Permanent Orders Number 306-5, dated 1 November 1996, awarding him the Silver Star for gallantry in action against an armed enemy for the period 16 to 18 November 1965. He also provides the Silver Star Certificate and Citation wherein his last name is shown as "SIG___."
7. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8. Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his two tours of service in Vietnam participation credit was awarded for the following four campaigns:
* Vietnam Advisory Campaign (15 March 1962-7 March 1965)
* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Silver Star which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He served in Korea during a qualifying period for award of the Korea Defense Service Medal. Therefore, his is entitled to correction of his DD Form 214 to show this award.
3. He participated in four campaigns while serving in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
4. The Silver Star Certificate and Citation he was issued incorrectly shows his last name as "SIG___." Therefore, it would be appropriate to issue him a new Silver Star Certificate and Citation.
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:
* deleting the Vietnam Service Medal from item 13 of his DD Form 214
* adding the Silver Star, Korea Defense Service Medal, and Vietnam Service Medal with four bronze service stars to item 13 of his DD Form 214
* issuing him a new Silver Star Certificate and Citation to show his last name as "SUG___"
__________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) AR20110003714
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ABCMR Record of Proceedings (cont) AR20110003714
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