BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120011448
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 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 (SS).
2. The applicant states when he was separated in 1971, he did not realize his SS was not on his DD Form 214. He claims he earned the SS in the Republic of Vietnam (RVN) and the failure to add the SS to his DD Form 214 is unjust. He indicates he discovered the error in 1974 and did not realize he could correct it until 2010.
3. The applicant provides:
* General Orders Number 16831, issued by Headquarters, 1st Cavalry Division, dated 27 December 1969
* SS Certificate, dated 14 May 1973
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 was inducted into the Army of the United States on 28 January 1969. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was advanced to specialist four (SP4)/E-4 on 6 November 1969 and this is the highest rank/grade he attained and held while on active duty.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign service) he served in the RVN from 30 June to 14 December 1969
* item 38 (Record of Assignments) that during his RVN tour, he was assigned to Company C and Company E, 1st Battalion, 5th Cavalry Regiment, performing duties in MOS 11B as a rifleman
* item 38 also shows the applicant received all "excellent" conduct and efficiency ratings at all of his active duty assignments
* item 41 (Awards and Decorations) the:
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
(M-60)
* item 44 (Time Lost) shows he was absent without leave (AWOL) for
2 days between 22 and 23 February 1969
4. The applicant's Military Personnel Records Jacket (MPRJ) is void of a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).
5. On 29 January 1971, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of SP4/E-4. He completed 2 years of total active service with 2 days of time lost. The DD Form 214 he was issued at the time shows the same awards as shown on his DA Form 20, except it also shows one bronze service star with the Vietnam Service Medal.
6. The applicant provided a copy of General Orders Number 16831, dated
27 December 1969, awarding him the SS for gallantry in action in the RVN on
10 November 1969, while a member of Company E, 1st Battalion, 5th Cavalry Regiment. He also provides a copy of the corresponding SS certificate, dated
14 May 1973.
7. Review of the 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 U.S. Army Human Resources Command contains a copy of the same general orders that awarded the applicant the SS for gallantry in action in the RVN on 10 November 1969.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It 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 service in Vietnam, the applicant participated in the following two campaigns:
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
9. 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 the 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.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during his assignment to the 1st Battalion, 5th Cavalry Regiment his unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 in DAGO 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the SS has been carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the SS for gallantry in action in the RVN on 10 November 1969, as evidenced by General Orders Number 16831 provided by the applicant and on file in ADCARS. Therefore, his DD Form 214 should be corrected to show this award.
2. The record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service. Notwithstanding the 2 days of AWOL, his MPRJ is void of any other derogatory information or a unit commander's disqualification that would have precluded the applicant from being recommended for and awarded the AGCM (1st Award). Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period
28 January 1969 through 29 January 1971 and to correct his DD Form 214 to show this award.
3. The evidence further confirms that based on his RVN service and campaign participation, he is entitled to the RVN Civil Actions Honor Medal First Class Unit Citation and 2 bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected accordingly.
BOARD VOTE:
___X_ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. deleting from his DD Form 214 the Vietnam Service Medal with 1 bronze service star; and
b. adding to his DD Form 214 the:
* Silver Star
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
_________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) AR20120011448
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011448
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