BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001282 


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) to show award of the Silver Star.

2.  The applicant states he was awarded the Silver Star 40 years late.

3.  The applicant provides:

* Silver Star Certificate
* Silver Star Citation
* DD Forms 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.  His military records show he enlisted in the Regular Army on 30 August 1966.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he served in the Republic of Vietnam from 6 August 1968 to 5 June 1969.

3.  On 5 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 9 months, and 6 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with device (1960)
* Army Commendation Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Purple Heart

4.  The applicant again enlisted in the Regular Army on 15 July 1971 in MOS 11B.

5.  Permanent Orders 127-10 issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, dated 19 July 1989, awarded him the Army Good Conduct Medal (7th Award) for the period 14 July 1986 through 13 July 1989.

6.  On 31 May 1990, he retired in the rank/grade of first sergeant/E-8.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Commendation Medal (2nd Award)
* two Overseas Service Ribbons
* two overseas service bars
* Meritorious Service Medal (2nd Award)
* Vietnam Service Medal
* Purple Heart
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Republic of Vietnam Campaign Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-W Bar (2nd Award)
* U.S. Army Recruiter Badge
* Meritorious Unit Commendation
* Drill Sergeant Identification Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  Permanent Orders 008-14 issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 8 January 2009, awarded him the Silver Star for gallantry in action in the Republic of Vietnam from 28 February to 1 March 1969.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Silver Star and Army Good Conduct Medal (7th Award) which are not shown on his final DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  The evidence shows he completed a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  His final DD Form 214 erroneously shows award of the Republic of Vietnam Campaign Medal with three bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to properly reflect the Republic of Vietnam Campaign Medal with Device (1960).

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:

	a.  deleting the Vietnam Service Medal and Republic of Vietnam Campaign Medal with three bronze service stars from his DD Form 214 for the period ending 31 May 1990 and

	b.  adding award of the Silver Star, Army Good Conduct Medal (7th Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 for the period ending 31 May 1990.



      __________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)                                         AR20130001282



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ABCMR Record of Proceedings (cont)                                         AR20130001282



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