IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120010768
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 14 August 1970 be corrected to show his award of the Silver Star.
2. The applicant states his DD Form 214 does not reflect his award of the Silver Star.
3. The applicant provides a copy of general orders awarding him the Silver Star and correspondence from the National Personnel Records Center.
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 enlisted in the Regular Army on 16 October 1967 for a period of 3 years and the Infantry Officer Candidate enlistment option. He completed his one-station unit training as a light weapons infantryman at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia to attend Officer Candidate School (OCS).
3. On 14 August 1968, he was honorably discharged to accept a commission. He was commissioned as a U.S. Army Reserve (USAR) infantry second lieutenant on 15 August 1968. On 1 March 1969 he was transferred to Vietnam for assignment to Company E, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.
4. On 24 October 1969, General Orders Number 13119 issued by Headquarters, 25th Infantry Division awarded the applicant the Silver Star for gallantry in action on 1 October 1969. After serving in three campaigns he was medically evacuated from Vietnam to Japan on 17 November 1969 and was subsequently transferred to Fort Bragg, North Carolina.
5. On 14 August 1970, he was honorably released from active duty (REFRAD) and was transferred to the USAR Control Group (Annual Training). 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), Republic of Vietnam Campaign Medal with device 1960, the Bronze Star Medal with V Device and one oak leaf cluster, Purple Heart, Air Medal, and the Army Commendation Medal.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal (VSM).
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that the FSM's 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 the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided and his records contain orders awarding him the Silver Star. Accordingly, it should be added to his DD Form 214 at this time.
2. The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his VSM and to have them added to his DD Form 214.
3. Additionally, 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 the period he served with the unit and is entitled to have those awards added to his DD Form 214 at this time.
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:
* Deleting the award of the VSM from his DD Form 214
* Adding the awards of the Silver Star, VSM with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120010768
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ABCMR Record of Proceedings (cont) AR20120010768
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