BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20160016248 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ _____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20160016248 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. _____________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. BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20160016248 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 to his 1987 DD Form 214 (Certificate of Release of Discharge from Active Duty) to show the Silver Star with “V” Device. 2. The applicant states in October 1979 while stationed with the 193rd Infantry Brigade he was awarded the Silver Star with “V” Device for his valorous actions on 1 August 1969 in the Republic of Vietnam when he served in the 1st Infantry Division. On 10 October 1969 he was wounded in action and received the Purple Heart. His Purple Heart is shown on his DD Form 214. He retired in 1987 and did not review the DD Form 214 he was issued for accuracy at that time. He recently reviewed his records and noticed his DD Form 214 did not include the Silver Star. 3. The applicant did not provide additional evidence. 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. With prior service, the applicant enlisted in the Regular Army in 23 September 1967. He served in the Republic of Vietnam from 5 June 1968 to 29 August 1969. 3. On 22 January 1970 he was discharged for immediate reenlistment in the Regular Army. Upon his discharge he was issued a DD Form 214. This form shows among his awards the Purple Heart. 4. The applicant reenlisted on multiple occasions. On 28 February 1987 he retired based on sufficient length of service for retirement. He was issued a DD Form 214 at the time that shows among his awards the Purple Heart. His 1987 DD Form 214 does not contain an entry showing he was awarded the Silver Star. 5. There is no evidence of record in several typical sources showing he was awarded the Silver Star. a. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Silver Star with “V” Device as an authorized award. b. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Silver Star with “V” Device. c. His official military personnel record does not contain orders awarding him the Silver Star with “V” Device. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria and administrative instructions concerning individual and unit military awards. 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. Normally a commanding officer in the rank of lieutenant general or higher is the award approval authority. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The “V” Device is not an authorized appurtenance for the Silver Star as the “V” Device denotes heroism and the Silver Star is awarded for heroism. DISCUSSION: 1. Army Regulation 600-8-22 does not authorize the ‘V” Device for the Silver Star. The Silver Star is a personal award, and like all personal awards requires a formal recommendation, approval through the chain of command, and announcement in orders. 2. A review of the applicant's official military personnel file and the Republic of Vietnam award files maintained at the U.S. Army Human Resources Command failed to produce orders awarding the applicant the Silver Star. In addition, the applicant failed to provide evidence such as orders, to support his contention. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016248 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016248 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2