IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015436
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 he was awarded the Silver Star for gallantry in action in the Republic of Vietnam (RVN) but it is not shown on his DD form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate for award of the Silver Star
* General Orders Number 3402, dated 12 May 1968
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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows the following:
a. He was inducted into the Army of the United States on 17 May 1967.
b. He was trained as a combat engineer.
c. He was promoted to staff sergeant, pay grade E-6.
d. He was released from active duty on 15 May 1969 and transferred to the U.S. Army Reserve.
e. His awards are listed as:
* National Defense Service Medal
* Vietnam Campaign Medal
* Purple Heart (PH)
* Vietnam Service Medal
* Army Commendation Medal (ARCOM)
* Bronze Star Medal (BSM)
4. General Orders Number 3402, 9th Infantry Division, dated 12 May 1968, announced award of the Silver Star to the applicant for his gallantry in action on 25 February 1968 involving close combat against an armed hostile force in the RVN.
5. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. Ratings of "unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Silver Star.
2. General orders show the applicant received the Silver Star for gallantry in action while serving in the RVN. Therefore, this medal should be shown on his DD Form 214.
3. The available evidence shows the applicant served on active duty almost
2 years. During this service he received the ARCOM, BSM, PH and SS. His
DD Form 214 shows no evidence of any lost time or other derogatory information. In view of this exemplary service, it would be appropriate to also award him the Army Good Conduct Medal (1st 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 adding to his DD form 214 the following awards:
* Silver Star
* Army Good Conduct Medal (1st Award)
_______ _ __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) AR20130015436
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ABCMR Record of Proceedings (cont) AR20130015436
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