` IN THE CASE OF: BOARD DATE: 21 MAY 2009 DOCKET NUMBER: AR20080019553 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 Bronze Star Medal (BSM). He also requests that he be issued the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM). 2. The applicant states that he was awarded the BSM while on the battle field in Vietnam. However, he was not issued the NDSM, VSM, and the VCM and he believes that it was an oversight. 3. The applicant provides a copy of his DD Form 214. 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 DD Form 214 shows he enlisted in the Regular Army on 18 March 1966 and that he was honorably released from active duty on 15 December 1968. 3. Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the NDSM, VSM, Purple Heart, Parachutist Badge, VCM, Army Commendation Medal and the Combat Infantryman Badge. The BSM is not shown on the applicant’s DD Form 214. 4. The applicant requests the issuance of the NDSM, VSM and VCM. However, requests for replacement of service medals and service ribbons do not fall under the purview of the ABCMR. The applicant may request replacement medals or service ribbons by contacting the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Therefore, there is no action required by the Board concerning this issue and as a result it will not be discussed further in the Record of Proceedings. 5. There are no orders in the applicant’s service personnel records that show he was awarded the BSM. 6. There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the BSM. 7. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the BSM to the applicant. 8. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the BSM may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. 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 contention that he was awarded the BSM is acknowledged; however, the applicant provided no orders showing he was awarded the BSM. No evidence was found in his service personnel record or in the ADCARS data base to support addition of the BSM to the applicant's DD Form 214. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it mist otherwise satisfactorily appear, that the record is in error or unjust. 3. In view of the foregoing, there is no basis for granting the applicant’s request. 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. _______ _ _XXX______ ___ 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) AR20080019553 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019553 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1