IN THE CASE OF:	  

		BOARD DATE:  18 February 2014

		DOCKET NUMBER:  AR20130011262 


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 (Report of Separation from the Armed Forces of the United States), ending, on 24 April 1952, and his officer records to show his second award of the Silver Star.

2.  The applicant states in 1951 he rotated from Korea and after he left he was awarded his second award of the Silver Star.  The orders were not forwarded to his new station at Fort Benning, GA, where he was appointed as a second lieutenant.  No entries were made on his 1952 DD Form 214 or his officer records.  He received a copy of the orders for this award and the actual medal.  He would like his records corrected before he dies.

3.  The applicant provides copies of his certificate for the first award of the Silver Star, 1952 DD Form 214, and letter to the Army Review Boards Agency.

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 on 30 March 1945 and held military occupational specialty 1821 (armorer).  He served in Japan and Korea from 19 September 1945 through 29 August 1951.  

3.  His record contains the following:

   a.  General Orders (GO) Number 130, issued by Headquarters, 3rd Infantry Division, dated 10 May 1951, awarding him the Silver Star for gallantry in action in Korea on 24 March 1951.

   b.  Two AGO Forms 0708 (Record of Award or Decoration) listing his award of the Silver Star and Silver Star with First Oak Leaf Cluster (1st OLC) on/for:

* 10 May 1951 - gallantry in action in Korea on 24 March 1951
* 10 December 1951 – gallantry in action from 23 to 24 June 1951 near Segok, Korea

4.  He was discharged on 24 April 1952 for the purpose of accepting entry on active duty as a Reserve officer.  He completed 6 years, 5 months, and 15 days of total net service.  His DD Form 214 lists the:

* Korean Service Medal with four bronze service stars
* Silver Star
* Purple Heart with 1st OLC
* Combat Infantryman Badge

5.  He was appointed in the U.S. Army Reserve, as a second lieutenant on 25 April 1952.  He was commissioned in the Army of the United States, as a first lieutenant, on 25 October 1953.  

6.  His record also contains a letter, dated 27 October 1953, which requested the certificates for the Silver Star, Silver Star with 1st OLC, Purple Heart and Purple Heart with 1st OLC be mailed to the applicant.

7.  He served in Vietnam from 27 October 1965 through 9 October 1966 during two campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 10th Aviation Battalion, from 27 October 1965 to 13 March 1966
* 17th Aviation Group from 14 March to 11 October 1966
8.  He was released from active duty, in the rank of major, on 30 June 1967, and was transferred to the Retired Reserve.  He completed 21 years, 7 months, and 21 days of total net service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the:

* National Defense Service Medal with 1st OLC
* Senior Army Aviator Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Soldier's Medal
* Army Commendation Medal

9.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) lists the:

* Silver Star Medal – GO 130, dated 10 May 1951
* Silver Star Medal with 1st OLC – GO Number 557, dated 10 December 1951
* Purple Heart with 1st OLC
* Combat Infantryman Badge
* Korean Service Medal
* Army of Occupation Medal (Japan)
* World War II Victory Medal
* United Nations Service Medal
* Three overseas service bars
* National Defense Service Medal with 1st OLC
* Senior Aviator Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Soldier's Medal

10.  He provided a copy of a certificate, dated 9 December 1953, awarding him the Silver Star for gallantry in action in Korea on 24 March 1951.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 17th Aviation Group, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period Civil Actions Honor Medal First Class Unit Citation for the period 1 March 1966 through 26 March 1967 by Department of Army General Orders Number 22, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Silver Star with 1st OLC for gallantry in action in Korea on 10 May and 10 December 1951, respectively.  Therefore, he is entitled to correction of his DD Form 214 ending on 24 April 1952 to show these awards. 

2.  He completed qualifying periods of service and was awarded the Army of Occupation Medal (Japan), World War II Victory Medal, and United Nations Service Medal.  Therefore, his 1952 DD Form 214 should be corrected to show these awards.

3.  He served in Vietnam during two campaigns.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. His 1967 DD Form 214 should be corrected to show these service stars.

4.  General orders awarded his unit, the 17th Aviation Group, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

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:

* deleting the Silver Star from the applicant's DD Form 214 ending on 24 April 1952
* adding the following awards to this DD Form 214:
* Silver Star (2nd Award)
* Army of Occupational Medal (Japan)
* World War III Victory Medal
* United Nations Service Medal

* deleting from his DD Form 214 ending on 30 June 1967 the Vietnam Service Medal
* adding to this DD Form 214 the: 

* Silver Star Medal (2nd Award)
* Purple Heart (2nd Award)
* Combat Infantryman Badge
* Korean Service Medal with four bronze service stars
* Army of Occupational Medal (Japan)
* World War III Victory Medal
* United Nations Service Medal
* three overseas service bard
* National Defense Service Medal (2nd Award)
* Senior Aviator Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Soldier's Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20130011262





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ABCMR Record of Proceedings (cont)                                         AR20130011262



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