IN THE CASE OF:	  

	BOARD DATE:	  01 July 2008

	DOCKET NUMBER:  AR20070015991 


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 two separate applications, award of the Bronze Star Medal and the Silver Star.

2.  The applicant states that he served in Vietnam from 1967 to 1968 as an infantry intelligence and operations specialist.  He states that he received two awards of the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, and additional awards.  He states that he was told that he would receive the Bronze Star Medal for Meritorious Service for being promoted to the rank of sergeant (E-5) and the Silver Star for "OTHERS."  He states that the paperwork was not finalized before he left Vietnam and that he was told he would receive the medals once he returned to the Continental United States (CONUS).  He states that he did not receive the medals and that he forgot all about them until 11 September 2001.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (DD Form 214); a letter from the National Personnel Records Center dated 7 September 2007, notifying him of the authorization for shipment of awards to which he is entitled; information that appears to have been downloaded from a website entitled "The American Bronze Star Recipient Registry"; a self authored letter addressed to the Army Review Boards Agency, Support Division, St. Louis, dated 24 October 2007, pertaining to his awards and 



gift that he received from a South Vietnamese unit; a picture of the gift that he received from the South Vietnamese unit; information that appears to have been downloaded from a website pertaining to the Silver Star; and information that appears to have been downloaded from a website pertaining the official United States Department of Defense Military Medals and Service Ribbons.

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.  On 10 July 1967, the applicant was inducted into the Army in Brooklyn, New York.  He successfully completed his training as an infantry intelligence and operations specialist.  

3.  He was promoted to the pay grade of E-2 on 10 November 1967 and he was transferred to Vietnam on 17 November 1967.  He was promoted to the pay grade of E-3 on 18 December 1967.

4.  The available records show that while in Vietnam, the applicant sustained shrapnel wounds to his right leg and hip on 8 February 1968 and a foreign body in his right eye, and a conjunctional scratch, on 24 March 1968.

5.  The applicant was promoted to the pay grade of E-4 on 1 April 1968 and he was promoted to the pay grade of E-5 on 16 November 1968.

6.  The applicant returned to CONUS on 18 December 1968 and he was assigned to Headquarters and Headquarters Company, 5th Battalion, 6th Infantry Regiment, 1st Armored Division, Fort Hood, Texas.

7.  After completing 2 years of total active service, the applicant was released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service.

8.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Vietnam Service Medal w/one silver service star, the Purple Heart (First Oak Leaf Cluster); the Republic of Vietnam Campaign Medal; the National Defense Service Medal; the Army Commendation Medal and the Marksman Marksmanship Qualification Badge w/Rifle Bar.

9.  On 7 September 2007, the National Personnel Records Center notified the applicant that he was also entitled to the Combat Infantryman Badge, a Device (1960) for inclusion on his Republic of Vietnam Campaign Medal, and an Automatic Rifle Bar with Machine Gun Bar for inclusion on his Marksman Marksmanship Qualification Badge.  Copies of all of the awards to which he is entitled were forwarded to the applicant as a result of the notification.

10.  A review of the applicant's records does not show that orders were ever published awarding him the Bronze Star Medal or the Silver Star.

11.  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 Bronze Star Medal 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.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records does not show that orders were ever published awarding him the Silver Star or the Bronze Star Medal.

2.  The applicant's contentions and his supporting documents have been noted.  However, an individual is not awarded the Bronze Star Medal for meritorious service based on being promoted the rank of sergeant.  Additionally, an individual is not awarded the Silver Star based on "OTHERS."  There is no evidence in the available record, nor has the applicant submitted any evidence, to support his contention that he was told that he was being awarded or that he was entitled to either the Bronze Star Medal or the Silver Star.  

3.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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

__XXX __  __XXX__  __XXX__   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)                                         AR20070015991



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ABCMR Record of Proceedings (cont)                                         AR20070015991



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