IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021192 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star.

2.  The applicant states:

	a.  he was given the Silver Star while serving in Vietnam in 1971; however, he cannot find the order for this award;

	b.  he remembers having both the Bronze Star Medal and the Silver Star;

	c.  it was just another day at work when he initially was awarded the Silver Star and he just said "thanks" and expected it to be added to his record; and

	d.  now that he is older he knows that it is an honor to have the Silver Star and it means so much more to him.

3.  The applicant provides:

* a self-authored statement
* his DD Form 214
* an internet document titled "Varsity in Vietnam"

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 3 February 1970.   He was trained in, awarded, and served in military occupational specialty 67U (CH-47 Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 August 1970 to 25 February 1972.  Item 41 (Awards and Decorations) does not include the Silver Star.

4.  On 2 November 1972, the applicant was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

5.  The DD Form 214 issued upon his REFRAD shows he completed 2 years and 9 months of total active service.  Item 24 shows he was awarded the Bronze Star Medal; however, it does not show award of the Silver Star.

6.  There are no general orders or any other documents included in the applicant's official military personnel file (OMPF) to show he was ever recommended for or awarded the Silver Star.

7.  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 United States Army Human Resources Command, failed to reveal any orders for the Silver Star pertaining to the applicant.

8.  The applicant provides an internet document titled "Varsity in Vietnam – 
July 1968 - February 1972."  It is just a listing of names, including the applicant's name.

9.  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:

The applicant's OMPF is void any evidence and he did not provide any evidence that shows he was ever recommended for or awarded the Silver Star.  Absent any evidence to show he met the necessary criteria for the Silver Star, there is an insufficient evidentiary basis to grant the requested relief in this case.

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)                                         AR20110021192



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ABCMR Record of Proceedings (cont)                                         AR20110021192



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