IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008737
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 that his award of the Silver Star be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).
2. The applicant states that he was awarded the Silver Star but it was not added to his DD Form 214.
3. The applicant provides copies of orders awarding him the Silver Star and his 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 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 on 13 November 1967. He completed basic training at Fort Jackson, South Carolina and advanced individual training as an infantryman at Fort Polk, Louisiana before being transferred to Fort Benning, Georgia to attend the Noncommissioned Officer Candidate Course. He completed the course and was promoted to the pay grade of E-5 on 2 July 1968 and was transferred to Fort Polk, Louisiana.
3. On 29 September 1968, he was transferred to Vietnam for assignment to Company B, 2nd Battalion, 38th Infantry Regiment, 9th Infantry Division. On
10 July 1969, General Orders Number 9674 issued by Headquarters, 9th Infantry Division awarded the applicant the Silver Star for gallantry in action on
29 December 1968.
4. He served in four campaigns and departed Vietnam on 23 August 1969. He was transferred to Fort Lewis, Washington where he was released from active duty (REFRAD) as an overseas returnee that day. He had served 1 year, 9 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Bronze Star Medal with V Device and one Oak Leaf Cluster, and the Army Commendation Medal with V Device and two Oak Leaf Clusters.
5. A review of the applicants official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal, in this case the Vietnam Service Medal.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 was awarded the Silver Star in duly-authenticated orders and he is entitled to have this award added to his DD Form 214 at this time.
2. A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award). Therefore, it appears that the failure to award him this medal was the result of an administrative error. Accordingly, he should be awarded the AGCM (1st Award) for the period 13 November 1967 to 23 August 1969 and his DD Form 214 should be corrected to show this medal.
3. Additionally, the applicant served in four campaigns and is entitled to wear four bronze service stars on his already awarded VSM and to have them added to his DD Form 214
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:
* awarding him the AGCM (1st Award) for the period of 13 November 1967 to 23 August 1969
* deleting award of the VSM from his DD Form 214
* adding award of the Silver Star, AGCM (1st Award), and VSM with four bronze service stars to his DD Form 214
______________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) AR20120008737
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ABCMR Record of Proceedings (cont) AR20120008737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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