IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024305
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Silver Star.
2. The applicant states he was awarded the Silver Star on 6 February 1968; however, he did not receive any orders or other paperwork for the award.
3. The applicant provides:
* His DD Form 214
* A letter of support from his former company commander in the Republic of Vietnam (RVN)
* A 5-page typed document marked Exhibit A - "The Battle of Long Binh Village, 6 Feb 68"
* 2 pages from his former commanders personal notebook he kept in the RVN
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. The applicant was inducted into the Army of the United States on 23 August
1967. He successfully completed training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).
3. He arrived in the RVN on 4 January 1968 and he was assigned to A Troop,
1st Squadron, 4th Cavalry, 1st Infantry Division.
4. The applicant departed Vietnam on 9 January 1969. On 22 August 1969, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of total active service.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) does not show award of the Silver Star.
6. There are no general orders in the applicants service personnel records that show he was awarded the Silver Star.
7. Review of 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 United States Army Human Resources Command, failed to reveal any orders for the Silver Star pertaining to the applicant.
8. The applicant provided a letter of support from his former company commander in the RVN. The author stated the applicant participated in the Battle of Long Binh Village on 6 February 1968. The applicant was one of five crewmembers on an Armored Cavalry Assault Vehicle. During an assault the entire crew was injured by shrapnel from a rocket propelled grenade. The author continues that the applicant was recommended for the Silver Star for his heroic actions on the day of the battle. The author further stated according to his notebook the applicant and several other Soldiers were awarded the Silver Star at an awards ceremony.
9. The applicant provided a 5-page document that details the events during the Battle of Long Binh Village on 6 February 1968; however, there are no names mentioned other than that of a lieutenant platoon leader.
10. 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's request to add the Silver Star to his DD Form 214 was carefully considered.
2. Award of the Silver Star requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's service records contain no evidence for award of the Silver Star or other documents that confirm he was recommended for or awarded the Silver Star.
3. The applicant provided a letter of support from his former commander which indicates the applicant was recommended for and awarded the Silver Star at an awards ceremony. However, the statement and evidence provided by his former company commander in itself is insufficient evidence to support the applicant's request for adding the Silver Star to his DD Form 214.
4. This Board is not an investigative agency. However, the applicant might want to ask the National Archives and Records Administration in College Park, MD if they can locate any documentation verifying his award of the Silver Star.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110024305
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ABCMR Record of Proceedings (cont) AR20110024305
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