IN THE CASE OF:	  

		BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140001708 


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) for the period ending 
9 September 1968 to show all his medals and awards to include the:

* Silver Star
* Soldier's Medal

2.  The applicant states, in effect, he was awarded the Silver Star and the Soldier's Medal upon his return from Vietnam, but they are not listed on his
DD Form 214.

3.  The applicant provides a Headquarters, U.S. Army Training Center Engineer (USATCE) and Fort Leonard Wood, MO, memorandum, dated 14 July 1970.

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 10 September 1965 and he served on active duty as a military policeman.

3.  Special Orders Number 299, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 26 October 1965, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  A review of his military personnel records shows he served in Thailand and was assigned to the U.S. Military Assistance Command, Thailand/U.S. Joint Military Advisory Group as a supply clerk from 7 February to 10 July 1967; and the 219th Military Police Company, as a squad leader, from 11 July 1967 to 
23 February 1968.

5.  On 19 March 1969, the Adjutant General, U.S. Army Personnel Service Support Center, announced the approval of the applicant's recommendation for award of the Soldier's Medal.  The award citation reads, in part:

"[The applicant] distinguished himself by an act of heroism at approximately 2000 hours on 31 October 1967 at Korat, Thailand.  [The applicant], with complete disregard for his personal safety and ignoring the imminent danger of a flash fire, entered a smoke-filled and smoldering house to locate and rescue a 10-year-old girl.  Seconds after leaving, the house burst into flames and was completely gutted.  [The applicant's] prompt and heroic action in this emergency is in the highest tradition of the United States Army and reflects great credit upon himself and the military service."

6.  Department of the Army General Orders Number 26, dated 18 June 1968, awarded him the Distinguished Service Medal for an act of heroism which occurred on 31 October 1967 at Korat, Thailand.  The citation for this award is the same as the Soldier's Medal citation shown above.

7.  On 9 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows his authorized awards as the National Defense Service Medal and the Soldier's Medal.

8.  He provides a memorandum, issued by the Headquarters, USATCE and Fort Leonard Wood, Fort Leonard Wood, MO, dated 14 July 1970, which states "This Headquarters has the honor of having been asked by the Secretary of the Army to present to you the award(s) of the Silver Star.  Please indicate the manner in which you desire the presentation be made on the enclosed Information Sheet, and return to this headquarters not later than 24 July 1970." 

9.  His record is void of orders awarding him the Silver Star or documentation showing the applicant participated in combat.

10.  There is no evidence that the applicant was assigned to a unit in Vietnam or that he provided direct support to operations in Vietnam during his period of service.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any Silver Star orders pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that he was awarded the Soldier's Medal for an act of heroism that occurred on 31 October 1968 and this award is reflected on his DD Form 214, ending 9 September 1968.  He subsequently was awarded the Distinguished Service Medal on 18 June 1968 for the same act of heroism.  It appears that he was awarded the Soldier's Medal as an interim award prior to approval of his Distinguished Service Medal.  Because the latter holds a higher precedence, it would be appropriate to delete the Soldier's Medal from his 
DD Form 214 and add the Distinguished Service Medal.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  He provides a memorandum, dated 14 July 1970, which shows he was contacted to determine the manner in which he desired the presentation of his Silver Star; unfortunately, there are no orders available in his records, or provided by the applicant, to corroborate that he was awarded the Silver Star
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 correcting his DD Form 214, ending 9 September 1968 by deleting the Soldier's Medal and adding the:

* Distinguished Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that the evidence presented was 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 adding the Silver Star to his DD Form 214.



      _______ _   _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)                                         AR20140001708



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001708



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1