BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002037
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 award of the Silver Star.
2. He states
* his Silver Star doesn't appear on his DD Form 214
* he earned the Silver Star while serving with the U.S. Army Special Forces in the Republic of Vietnam (RVN)
* he has a terminal illness and will need this very soon for burial purposes
3. He provides his DD Form 214 and Silver Star award certificate with narrative.
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's service record shows he served in the U.S. Marine Corps from 4 August 1960 to 2 August 1963. His DD Form 214 for this period of service is not available. He enlisted in the Regular Army on 10 March 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he served in the RVN from 9 January 1966 to 10 August 1967.
b. item 38 (Record of Assignments) he was assigned to Company A, 5th Special Forces Group (Airborne), 1st Special Forces from 12 January 1966 to September 1967.
c. item 41 (Awards and Decorations) no entry for award of the Silver Star.
d. item 41 he was issued the Good Conduct Medal (Marine Corps), Armed Forces Expeditionary Medal (Cuba), Parachutist Badge, Combat Medical Badge, two awards of the Air Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and three Overseas Service Bars.
4. He provided a copy of certificate, dated 16 June 1982, indicating he was awarded the Silver Star for action in the RVN on 19 July 1967.
5. Department of the Army General Orders Number 18, dated 15 October 1982, awarded him the Silver Star for action on 19 July 1967.
6. He was honorably discharged on 10 September 1967. His DD Form 214 does not show award of the Silver Star.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that 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 Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III campaigns.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Silver Star for action on 19 July 1967. Therefore, this decoration should be added to his DD Form 214.
2. He participated in three campaign phases during his service in the RVN. 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 bronze service stars.
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 the Vietnam Service Medal from his DD Form 214 for the period ending 10 September 1967; and
b. adding the Silver Star and Vietnam Service Medal with three bronze service stars to his DD Form 214 for the period ending 10 September 1967.
_______ _ 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) AR20130002037
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