BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160007336 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :DJH :MWH :TWH DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160007336 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 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show award of the Silver Star. 2. The applicant states his upgraded DD Form 214 (presumed to mean his DD Form 215) does not show award of the Silver Star as shown on his original DD Form 214. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215, dated 8 September 2009 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 into the Army of the United States on 6 October 1966. He served in Vietnam from August 1967 to August 1968. 3. Headquarters, 1st Infantry Division, General Orders Number 5879, dated 24 June 1968, awarded him the Silver Star for gallantry in action on 1 April 1968 in Vietnam. 4. On 8 August 1968, he was honorably released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars * Army Good Conduct Medal * Combat Infantryman Badge * Bronze Star Medal * Silver Star 6. He provided his DD Form 215, dated 8 September 2009, showing his DD Form 214 with a separation date of 8 August 1968 was amended by deleting award of the Vietnam Service Medal and adding the following awards to his DD Form 214: * Purple Heart * Valorous Unit Award * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge * Expert Marksmanship Qualification Badge with Rifle, Recoilless Rifle, and Pistol Bars * Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars ? REFERENCES: 1. Army Regulation 635-5 (Separation Documents), dated 23 January 1967 and in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 2. Army Regulation 635-5, dated 20 August 1973 and effective 15 October 1973, introduced the use of the DD Form 215 and provided that a DD Form 215 would be issued when missing information becomes available or to correct entries on a DD Form 214. DISCUSSION: 1. The applicant requests, in effect, correction of his DD Form 215 to show award of the Silver Star. 2. His DD Form 214 with a separation date of 8 August 1968 properly shows award of the Silver Star. 3. The DD Form 215, dated 8 September 2009, amended his DD Form 214 by deleting award of the Vietnam Service Medal and replacing it with the Vietnam Service Medal with four bronze service stars, and adding authorized awards not already shown on his DD Form 214. 4. His DD Form 214 and DD Form 215 together show all of his authorized awards. BOARD DATE: APR 2 4 2018 DOCKET NUMBER: 20160007336 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 4/24/2018 X 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.