IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130022288
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, the son of a deceased former service member (FSM), requests correction of his late father's DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Silver Star.
2. The applicant states:
* his father was awarded the Silver Star on 8 September 1967 for his actions in Vietnam on 12 July 1967
* he believes it was an administrative error
3. The applicant provides:
* FSM's orders for the Silver Star
* FSM's DD Form 214
* FSM's death certificate
* court order, dated 15 December 2008
CONSIDERATION OF EVIDENCE:
1. On 5 June 1945, after previous enlisted service and completion of his baccalaureate studies at the U.S. Military Academy at West Point, NY, the FSM was appointed as a second lieutenant in the Regular Army.
2. His DA Form 66 (Officer Qualification Record) shows:
a. The FSM served in the Army Forces Far East from 15 October 1945 through 7 April 1948.
b. The FSM served in Korea from 30 June 1952 through 2 June 1953; he participated in three campaigns during his service in Korea.
c. The FSM served in Vietnam from 15 September 1966 through 14 September 1967. He was assigned to Headquarters, U.S. Army Vietnam, from 20 September 1966 to 16 March 1967 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division, from 1 April 1967 to 14 September 1967. He participated in two campaigns during his period of service in Vietnam.
3. General Orders Number 6489, issued by Headquarters, 1st Infantry Division on 8 September 1967, show the FSM was awarded the Silver Star for gallantry in action on 12 July 1967 in Vietnam.
4. The FSM retired on 30 June 1975 in the rank of colonel.
5. His DD Form 214 for the period ending 30 June 1975 shows he was awarded or authorized the:
* American Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal (Japan)
* Asiatic-Pacific Campaign Medal
* Parachutist Badge
* Senior Parachutist Badge
* Master Parachutist Badge
* Korean Service Medal
* United Nations Service Medal
* Air Defense Service Medal
* Army Commendation Medal with 1st Oak Leaf Cluster
* Legion of Merit
* National Defense Service Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with 5th Oak Leaf Cluster
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (2nd Award)
* Air Medal with 1st Oak Leaf Cluster
* Distinguished Flying Cross
* Meritorious Service Medal with 1st Oak Leaf Cluster
6. Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal was awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
7. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Korean Service Medal and Vietnam Service Medal.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 26th Infantry, was awarded the:
* Valorous Unit Award for actions on 1 April 1967 by Department of the Army General Orders (DAGO) Number 37, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 12 July 1965 to 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. Orders show the FSM was awarded the Silver Star; however, it is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
2. Based on his service in Korea and participation in three campaigns, he is authorized award of the Korean Service Medal with three bronze service stars and Republic of Korea War Service Medal. These medals are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.
3. Based on his service in Vietnam and participation in two campaigns, he is authorized award of the Vietnam Service Medal with two bronze service stars. The bronze service stars are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.
4. His unit in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.
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 Korean Service Medal and Vietnam Service Medal from the FSM's DD Form 214 for the period ending 30 June 1975 and
b. adding the following awards to the FSM's DD Form 214 for the period ending 30 June 1975:
* Silver Star
* Korean Service Medal with three bronze service stars
* Republic of Korea War Service Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20130022288
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130022288
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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