RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 March 2008
DOCKET NUMBER: AR20070015114
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his records be corrected to show the award of the Bronze Star Medal (BSM).
2. The applicant states they ran into an ambush in Hashwan Valley at the Cambodia border on 18 September 1968. He was carrying his M-60 machinegun when he and his assistant gunner went to get wounded men to return them to safety. His assistant gunner was killed and he got wounded in that attempt. He was recommended for and received the BSM on 20 October 1968, but it was never recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214 and a Certificate of Award for the BSM.
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 applicants 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 applicants 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 military personnel record shows he was inducted into the Army of the United States on 6 November 1967. He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served a tour in the Republic of Vietnam during the period 23 April 1968 to 22 April 1969. He was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on
5 November 1969. He completed 2 years of active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the BSM.
5. A DD Form 215 (Correction to the DD Form 214) was later issued to show the applicant was awarded the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and Meritorious Unit Commendation. However, it does not show the BSM.
6. The applicant provided a copy of a Certificate of Award for the BSM; however, the applicant did not provide a copy of the respective orders awarding him the BSM. His military records also do not contain a copy of the BSM award order.
7. A review of the historical files of his assignment while in the Republic of Vietnam, archived at the National Archives College Park, Maryland failed to provide copies of General Orders awarding the applicant the BSM.
8. Army Regulation 600-8-104 (Military Personnel Information Management/Records), in pertinent part, states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the BSM.
2. The certificate showing award of the BSM is insufficient evidence without the respective awards order to correct the applicants DD Form 214. Therefore, the applicant is not entitled to correction of his records to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA__ __WDP__ __JLP ___ 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.
___James E. Anderholm _
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080304
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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