| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to reflect award of the Bronze Star Medal. He states, in effect, that he was awarded the Combat Infantryman Badge and "should also have received the Bronze Star Medal at the same time." In support of his request he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He served on active duty between 23 November 1965 and 27 August 1967. In November 1966, while assigned to an infantry unit in Vietnam, the applicant was awarded the Combat Infantryman Badge.
His DD Form 214 reflects entitlement to the Combat Infantryman Badge but does not reflect entitlement to the Bronze Star Medal.
Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
Army Regulation 600-8-22 also provided that the Bronze Star Medal was authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and
2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. Awards of the Bronze Star Medal based on the Combat Infantryman Badge are commonly referred to as conversion awards.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded, the Bronze Star Medal. His contention that he is entitled to the Bronze Star Medal based on his Combat Infantryman Badge is without foundation. Such awards were limited to World War II awards of the Combat Infantryman Badge.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 27 August 1967, the date the applicant was released from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 27 August 1970.
The application is dated 2 April 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__WTM__ __AAO__ __JTM __ CONCUR WITH DETERMINATION
| CASE ID | AR2001057438 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010731 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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