IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012
	
		DOCKET NUMBER:  AR20110018028 


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 the Silver Star (SS).

2.  The applicant states:

	a.  his commander committed to awarding him the Bronze Star Medal (BSM) prior to learning all of the events that occurred on 27 October 1967, when twenty seven Americans lost their lives;

	b.  in 1968, awards were furthest from his mind because he and his wife were about to become first time parents and all of his efforts were directed to finding a job and making a home;

   c.  events of this past year, which included a reunion with his friend of 43 years, has awakened his desire to correct his record;
   
   d.  he wants his children and grandchildren to know the sacrifices he made as well as his wife, all other Soldiers, and their families; and 
   
   e.  while he received the Purple Heart (PH), to date, he has not received the SS or the BSM.

3.  The applicant provides:

* two self-authored statements
* four witness statements
* Watertown Daily Times News Article

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 military personnel record shows that he was inducted into the Army of the United States and entered active duty on 26 September 1966.  He was trained in, awarded, and served in military occupational specialty 91B (Medical Corpsman).

3.  His DA Form 20 (Enlisted qualification Record) shows he served in the Republic of Vietnam (RVN) from 10 August to 27 November 1967, at which time he was reassigned in a patient status to Fort Riley, Kansas.  Item 40 (Wounds) shows he sustained fragments wounds to his left upper arm and both knees on 27 October 1967.

4.  On 26 February 1968, Headquarters, 2nd Surgical Hospital, issued General Orders Number 53.  It announced the applicant's PH award for wounds received in action on 27 October 1967.

5.  On 25 September 1968, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The highest rank/grade he attained during his military service was specialist four (SP4/E-4).

6.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued upon his REFRAD shows he completed 2 years of creditable military service, of which 3 months and 18 days was credited as foreign service in the Republic of Vietnam (RVN).  It does not include the SS or BSM among its list of awards.

7.  There are no general orders or any other documents included in the applicant's official military personnel file (OMPF) to show he was ever awarded or recommended for the award of the SS or BSM.

8.  The Awards and Decorations Computer Assisted Retrieval System, a web based index containing U.S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not show award orders were published awarding the applicant the SS or BSM.

9.  The applicant provides four witness statements from individuals who indicate they were assigned for duty with the applicant in Vietnam and support his request for award recognition.

	a.  Two statements authored by the same individual indicate the applicant, being totally unmindful of his own wounds and personal safety, provided him fast, thorough, and lifesaving medical aid and remained by his side during intense combat until the fight subsided and the applicant and three other Soldiers were able to carry him to a location where the medical evacuation helicopter arrived.

	b.  A third witness statements shows the applicant, though seriously injured and totally exposed in combat, rendered first aid to another more seriously wounded Soldier.  He states that while he was subsequently awarded the BSM, it is his belief the applicant should receive the SS.

	c.  A fourth statement from a Solder in the rank of lieutenant, dated 
1 December 1967, shows he informed the applicant he spoke with the S-1 regarding his PH and ensured the applicant he would make sure he was awarded the BSM at the very least.

10.  The applicant provides "Watertown Daily Times" news article dated 30 July 2011, titled "Battlefield Brothers Reunite."  It depicts the emotional bond between the applicant and a fellow Soldier and it includes details of their military history in the RVN.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  

	a.  Paragraph 3-10, provides guidance on the SS it states that it 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.
   b.  Paragraph 3-14 contains guidance on award of the BSM and states that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive the SS.

2.  The applicant's OMPF is void any evidence to show that he was ever recommended for or awarded the SS or BSM to corroborate his claim of entitlement to this award.  Absent any evidence to show that the applicant met the necessary criteria for the either of these awards, there is an insufficient evidentiary basis to grant the requested relief in this case.  Accordingly his request should be denied.

3.  While the available evidence is insufficient for awarding the applicant the SS or BSM, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20110018028





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ABCMR Record of Proceedings (cont)                                         AR20110018028



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