IN THE CASE OF: 

		BOARD DATE:  5 December 2013

		DOCKET NUMBER:  AR20130006649


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 and any other awards that he earned.

2.  The applicant states he was notified that the veterans during Vietnam were not given the appropriate consideration for award of the Silver Star as other wars.  Based upon his two Purple Hearts, Bronze Star Medal with "V" Device, and three Bronze Star Medal awards he believes the Silver Star should have been awarded.

3.  The applicant provides copies of:

* 28 June 1967 Purple Heart Certificate
* 24 September 1967 Purple Heart with First Oak Leaf Cluster Certificate
* 18 August 1967 Bronze Star Medal with "V" Device Citation and Certificate
* April 1967 to April 1968 Bronze Star Medal with 1st Oak Leaf Cluster Citation
* 18 October 1968 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 was inducted on 19 October 1966.  He held military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record), last reviewed on 7 May 1968, shows in:

	a.  item 31 (Foreign Service) that he served in Vietnam from 7 April 1967 through 2 April 1968;

	b.  item 38 (Record of Assignments) that he was assigned to Company B, 2d Battalion, 14th Infantry, 25th Infantry Division, in Vietnam from 16 April 1967 through 1 April 1968; and all his conduct and efficiency ratings were "excellent";

	c.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Combat Infantryman Badge
* Bronze Star Medal 
* One Overseas Service Bar

	d.  item 40 (Wounds):  "FRAG WOUND LEFT SIDE 28JUN67" and "FW (R) SHOULDER (L) THUMB  24SEP67."

4.  He was honorably released from active duty on 18 October 1968 in the rank of staff sergeant (SSG)/E-6.  He had completed 2 years of active duty service.



5.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal 
* First Class Gunner (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* One Overseas Service Bar

6.  He enlisted in the Regular Army for a period of 3 years on 2 September 1970.  He served in MOS 11B.

7.  His DA Form 20, last reviewed on 9 September 1970, shows in item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Bronze Star Medal
* Purple Heart

8.  He was discharged under honorable conditions on 19 May 1971 as a SSG.  He had completed 8 months and 18 days during the period covered by his DD Form 214 and a total of 2 years, 8 months and 18 days of active duty service.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Purple Heart
* One Overseas Service Bar



9.  His record contains:

	a.  Special Orders 037, Headquarters, Fort Polk, Louisiana, dated 8 February 1967 showing he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

	b.  General Orders 4102, Headquarters, 25th Infantry Division, dated 
22 October 1967, showing he was awarded the Bronze Star Medal with "V" Device for his actions on 18 August 1967.

	c.  General Orders 2678, Headquarters, 25th Infantry Division, dated 29 June 1967, showing he was awarded the Purple Heart for wounds received in action on 28 June 1967.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for any awards pertaining to the applicant that are not already recorded on his DA Form 20 or DD Form 214.

11.  In support of his request, he provided copies of:

* 28 June 1967 Purple Heart Certificate
* 24 September 1967 Purple Heart with First Oak Leaf Cluster Certificate
* 18 August 1967 Bronze Star Medal with "V" Device Citation and Certificate
* April 1967 to April 1968 Bronze Star Medal with 1st Oak Leaf Cluster Citation

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards):

	a.  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.

	b.  Contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign the individual participated in.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase II             1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III            1 June 1967 - 29 January 1968
* Tet Counteroffensive                                  30 January - 1 April 1968

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2d Battalion, 14th Infantry was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966-August 1968 in Department of the Army General Orders (DAGO) Number 48, dated 1971; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966-21 January 1970 in DAGO Number 51, dated 1971.

16.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not provide any evidence to support his assertion that, in comparison to other wars, Vietnam Soldiers were not given the appropriate consideration for award of the Silver Star.  He is not entitled to award of the Silver Star based on his overall record.  By regulation the Silver Star is awarded only for gallantry (spirited and conspicuous acts of heroism and courage performed with marked distinction) while in action against the enemy.

2.  While the available evidence is insufficient for awarding him the Silver Star and correcting his DD Form 214 to show this award, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  The applicant requested correction of his DD Form 214 to show he was awarded a total of three Bronze Star Medals.  There is no evidence showing he was recommended for or awarded more than two Bronze Star Medals.

4.  However, there are other awards that need to be addressed.

5.  The available evidence clearly shows he distinguished himself in the performance of his duties during the first period of military service as evidenced by his "excellent" conduct and efficiency ratings, receipt of personal awards, honorable release from active duty, and promotion to SSG.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 19 October 1966 to 18 October 1968.

6.  The applicant provided a certificate showing he was awarded the Purple Heart with First Oak Leaf Cluster for wounds he received in action on 24 September 1967.  Item 40 of his 7 May 1969 DA Form 20 shows he was wounded on that date.  

7.  He provided a citation showing he was awarded the Bronze Star Medal with First Oak Leaf Cluster for his service from April 1967 to April 1968.  His 7 May 1968 DA Form 20 and 18 October 1968 DD Form 214 show the Bronze Star Medal.

8.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

9.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

10.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11.  He is authorized two Overseas Service Bars for his service in Vietnam.

12.  His last DD Form 214 should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 October 1966 to 18 October 1968; 

	b.  deleting all the awards listed on his 19 May 1971 DD Form 214; and  

	c.  adding the following awards to his 19 May 1971 DD Form 214:

* Bronze Star Medal with First Oak Leaf Cluster and "V" Device
* Purple Heart with First Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar and Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two Overseas Service Bars

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he 
was awarded the Silver Star or more than two awards of the Bronze Star Medal.




      _______ _  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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130006649



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