BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000439
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1983 to show the award of the Silver Star.
2. The applicant states he was issued the Silver Star between 1979 and 1982. He states the "Meritorious Ribbon" is listed twice on his DD Form 214 and the second listing in his opinion should read the Silver Star.
3. The applicant provides a copy of 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 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 enlisted in the Regular Army (RA) on 25 February 1961 for a period of 3 years. He was honorably released from active duty on 24 February 1964 at the expiration of his term of service and he was transferred to the U.S Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. The DD Form 214 he received for this period of service show he was awarded the:
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Pistol, Carbine, and Rifle Bars
3. On 23 March 1964, he again enlisted in the RA. He was honorably discharged on 22 December 1969 for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Army Good Conduct Medal (3rd Award)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
4. The applicant reenlisted in the RA on 23 December 1969. He was honorably discharged on 10 November 1975, for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Army Good Conduct Medal (4th Award)
* Army Commendation Medal
* Two Overseas Service Bars
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
5. The applicant reenlisted in the RA on 11 November 1975. He retired on 31 March 1983 by reason of sufficient service for retirement. He completed
22 years and 8 days of creditable active service. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Meritorious Service Medal (2nd Award)
* Army Good Conduct Medal (7th Award)
*
National Defense Service Medal
* Vietnam Service Medal
* Two Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 4
* Noncommissioned Officer Professional Development Ribbon with Numeral "3"
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
6. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Silver Star.
7. 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 contentions have been noted.
2. There is no evidence in the available record, nor has the applicant submitted any evidence, showing he was recommended for or that orders were ever published awarding him the Silver Star.
3. According to the applicable regulation, the Silver Star is awarded for gallantry in action against the enemy. The required gallantry 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.
4. He has not shown that an error or injustice has occurred in his case. 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) AR20130000439
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