IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080000933
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.
2. The applicant states he was awarded the Bronze Star Medal on 1 January 1969, but this medal was never put on his DD Form 214.
3. The applicant provides a copy of his citation for the Bronze Star Medal; his award certificate for the Bronze Star Medal; and 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 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 applicants complete military records are not available to the Board. However, there were sufficient documents in his records for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 28 August 1967. He completed infantry training and was awarded military occupational specialty 11F (infantry operations and intelligence specialist). He served in Vietnam and completed 11 months and 27 days of foreign service.
4. The applicant provided a citation and award certificate which show he was awarded the Bronze Star Medal on 1 January 1969 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from February 1968 to February 1969
5. There are no orders available which authorize award of the Bronze Star Medal to the applicant.
6. The applicant was honorably released from active duty on 27 August 1969 at his expiration of term of service.
7. His DD Form 214 shows the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) as authorized awards.
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 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.
DISCUSSION AND CONCLUSIONS:
The applicant provided a citation and award certificate for the Bronze Star Medal. Regrettably, however, absent orders authorizing him award of the Bronze Star Medal, these documents alone are not sufficient to support correction of his records to show award of the Bronze Star Medal.
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.
_ _______ 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) AR20080000933
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ABCMR Record of Proceedings (cont) AR20080000933
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