BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016148
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 his award of the Silver Star.
2. The applicant states he has the award, but it is not listed on his DD Form 214.
3. The applicant provides copies of General Orders (GO) Number 1058 (front page) and his 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 into the Army of the United States on 25 April 1968 and he held military occupational specialty 64B (heavy truck driver). He served in Vietnam from 10 September 1968 through 27 November 1969, during five campaigns. He was assigned to the 359th Transportation Company.
3. He provided a copy of the first page and his record contains GO Number 1058, issued by Headquarters, 31st Logistical Command, dated 20 December 1969, awarding him the Silver Star for gallantry in action in Vietnam on
16 November 1969.
4. He was honorably released from active duty on 29 November 1969. His
DD Form 214 lists the:
* National Defense Service Medal
* Army Commendation Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Driver Badge
* Army Good Conduct Medal
* two overseas service bars
5. Army Regulation 600-8-22 (Military Awards) authorizes a bronze star for wear on the Vietnam Campaign Medal to denote campaign participation. One silver service star denotes five bronze service stars.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 359th Transportation Company, was cited for award of the Meritorious Unit Commendation, for the period 1 April 1969 through 31 March 1970, by DAGO Number 51, dated 1971.
7. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Silver Star during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.
2. He served in Vietnam during five campaigns; therefore, he is entitled to award of one silver service star to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.
3. GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, he is entitled to these awards and their addition to his
DD Form 214.
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 from the applicant's DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:
* Silver Star
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* 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) AR20130016148
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ABCMR Record of Proceedings (cont) AR20130016148
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