BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140010584
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 that his award of the Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Silver Star but it was not added to his records.
3. The applicant provides a copy of his Silver Star Certificate.
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 on 13 May 1969. He completed basic training at Fort Bliss, Texas and advanced individual training as a light weapons infantryman at Fort Ord, California before being transferred to Vietnam on 7 October 1969 for assignment to Company B, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
3. He served in four campaigns and departed Vietnam on 6 October 1970. He was transferred to Germany where he remained until he was honorably released from active duty (REFRAD) on 6 May 1971 as an overseas returnee. He had served 1 year, 11 months and 24 days of active service. Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded:
* National Defense Service Medal
* Army Commendation Medal
* Vietnam Campaign Medal
* Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Bronze Star Medal
* Air Medal with one oak leaf cluster
4. A review of his official records shows orders or a foreign award letter awarding him the following awards:
* Silver Star
* Bronze Star Medal with V Device and two oak leaf clusters
* Army Commendation Medal with V Device and one oak leaf cluster
* Republic of Vietnam Gallantry Cross with Bronze Star
5. 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 applicants unit was cited for the following awards:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation .
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign in which a member participates.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Silver Star and is entitled to have it added to his DD Form 214.
2. He participated in four campaigns and is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.
3. The applicant was also awarded by general orders or letter the following awards and is entitled to have these awards added to his DD Form 214:
* Bronze Star Medal with V Device and two oak leaf clusters
* Army Commendation Medal with V Device and one oak leaf cluster
* Republic of Vietnam Gallantry Cross with Bronze Star
4. Additionally, the applicants unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those unit awards added to his DD Form 214.
BOARD VOTE:
__X______ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Deleting these awards from item 24 of his DD Form 214:
* Army Commendation Medal
* Vietnam Service Medal
* Bronze Star Medal
b. Adding the listed awards to item 24 of his DD Form 214:
* Silver Star
* Bronze Star Medal with V Device and two oak leaf clusters
* Army Commendation Medal with V Device and one oak leaf cluster
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140010584
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ABCMR Record of Proceedings (cont) AR20140010584
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