IN THE CASE OF: BOARD DATE: 27 September 2011 DOCKET NUMBER: AR20110006419 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and Army Commendation Medal. 2. He states the Bronze Star Medal and Army Commendation Medal are not listed on his DD Form 214. 3. The applicant provided a self-authored statement and a copy of his Bronze Star Medal 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. His record shows he was inducted into the Army of the United States on 28 September 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty 05B (International Speed Radio Operator). The highest rank/grade he attained while serving on active duty was sergeant/E-5. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 2 December 1967 through 21 September 1968. 5. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company A, 13th Signal Battalion, 1st Cavalry Division, during his tour of duty in the Republic of Vietnam. 6. Item 41 (Awards, Decorations, and Campaigns) of his DA Form 20 does not show award of the Bronze Star Medal or Army Commendation Medal. 7. There is no evidence in the available record showing he was awarded or recommended for award of the Bronze Star Medal or Army Commendation Medal. 8. The applicant provides a copy of a Bronze Star Medal Citation showing the Bronze Star Medal was presented to him for outstandingly meritorious service in connection with military operations against a hostile force during the period September 1967 to September 1968. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant. 10. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 11. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. 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 his DD Form 214 should be corrected to show award of the Bronze Star Medal and Army Commendation Medal was carefully considered; however, there is insufficient evidence to support his request. 2. His record is void of any evidence and he has not provided any evidence showing he was awarded or recommended for award of the Bronze Star Medal and Army Commendation Medal in orders. 3. Absent such evidence, there is no basis to grant this request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______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) AR20110006419 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006419 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1