IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140020846 


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 records to show the award of the Silver Star and Air Medal.

2.  He states that he:

	a.  is providing evidence that shows he was authorized the Silver Star and Air Medal, but never received them.

	b.  was not awarded either award nor does his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflect them, despite there being an order for the Silver Star and a citation for the Air Medal.

3.  He provides his DD Form 214, Special Orders, and a citation.

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 record shows he enlisted in the Regular Army on 11 July 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 13 December 1967 to 13 December 1968;

	b.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 3d Battalion, 39th Infantry Regiment, 9th Infantry Division from 16 December 1967 to 11 December 1968; and

	c.  item 41 (Awards and Decorations) does not show award of the Silver Star or Air Medal.

4.  He submitted:  

	a.  Special Orders Number 264, issued by Headquarters, 9th Infantry Division, dated 23 May 1968, which show he was to "regieve" ( sic receive) the "Siliver" (sic Silver) Star.  This document contains numerous spelling and other errors.

	b.  a Citation which shows he was awarded the Air Medal for meritorious achievement during the period 8 March to 9 June 1968.  

5.  On 10 July 1970, he was honorably discharged after completing 3 years of total active service.  His DD Form 214 does not show award of the Silver Star and/or Air Medal.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Silver Star or Air Medal pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.

	b.  Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding corrections to his DD Form 214 were carefully considered and determined to be insufficient in merit.

2.  The fact that the applicant provides Special Orders showing he was awarded the Silver Star and a citation showing award of the Air Medal to support his contentions are duly noted.  However, the order he submitted for the Silver Star, which was normally announced in general orders at the time, contains numerous spelling errors and non-standard administrative entries.  In addition, although he submitted a citation for the Air Medal, he failed to provide the general orders that validate the citation.  In view of the foregoing, it would not be appropriate to accept entries on these documents at face value in the absence of further corroborating evidence.

3.  There are no General Orders in the applicant's record and the applicant does not provide substantiating evidence that shows he was recommended for or received general orders awarding him the Silver Star.
   
4.  The third highest award for valor is the Silver Star which requires gallantry in action against the enemy.  The gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.	

5.  The governing Army regulation states that for personal decorations (which include the Silver Star) formal recommendation, approval through the chain of command, and announcement in orders are required.  The applicant's service in Vietnam is not in question.  However, in the absence of general orders, there is insufficient evidence to show he was awarded the Silver Star or to correct his    DD Form 214 to show this award.   

6.  There are no general orders available that show the applicant was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, the evidence he provides is not sufficient to correct his record to show award of the Air Medal.
   
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140020846





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020846



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1