IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002047
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. The applicant states the Silver Star was not included on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* General Orders Number 3527, Americal Division, dated 6 April 1970 (Front side only)
* General Orders Number 4743, Americal Division, dated 16 May 1970 (Front side only)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. On 5 May 1969, the applicant was ordered to active duty as a warrant officer one, U.S. Army Reserve. He was immediately assigned for duty as an Army aviator with duty in the Republic of Vietnam (RVN).
a. He arrived in the RVN on 2 June 1969.
b. On 10 June 1969, he was assigned to F Troop, 8th Cavalry as a rotary wing pilot.
c. General Orders Number 4743, Americal Division, dated 16 May 1970, as filed in the applicant's military records, announced award of the Silver Star for his gallantry in action against an armed hostile force in the RVN.
d. On 26 May 1970, he departed the RVN for duty at Fort Wolters, Texas.
3. On 31 March 1971, the applicant was released from active duty.
4. The applicant's DD Form 214 lists the following awards:
* National Defense Service Medal
* Army Aviator Badge
* Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal with 28 Oak Leaf Clusters and "V" Device
* Distinguished Flying Cross
* Bronze Star Medal
5. The applicant's DA Form 66 (Officer Qualification Record) shows he qualified as a marksman with the .38 caliber pistol.
6. Army Regulation 600-8-22 (Military Awards), Appendix B, of this regulation, shows that based on the applicant's dates of service in the RVN he participated in the following four campaign periods: the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring, and the DA Sanctuary Counteroffensive, Phase VII. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that F Troop, 8th Cavalry, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) 43, dated in 1972 for award of the Valorous Unit Award.
8. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his award of the Silver Star.
2. General orders clearly show that the applicant was awarded the Silver Star for gallantry in action. Therefore, it should be shown on his DD Form 214.
3. Records show that the applicant serve during four campaign periods in the RVN. Therefore, he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal.
4. Records show that the applicantÂ’s unit was cited in general orders for award of the Valorous Unit Award. Therefore, his records should be corrected to show this unit award.
5. Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.
6. Records show that the applicant qualified as a marksman with the .38 caliber pistol. Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Pistol Bar.
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 award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Silver Star
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar
_______ _ 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) AR20130002047
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ABCMR Record of Proceedings (cont) AR20130002047
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