IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080001523
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal.
2. The applicant states that he was awarded the Bronze Star Medal but has lost it. In order for him to receive another, it must first be entered as an award on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Certificate of Appreciation, and citation for award of the Bronze Star Medal.
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. On 8 January 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).
3. On 18 June 1969, the applicant was assigned for duty as an armor specialist with Troop E, 1st Cavalry Squadron, Americal Division, in the Republic of Vietnam. He returned to the United States on 30 May 1970 for duty at Fort Riley, Kansas.
4. On 8 January 1971, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle [M16] Bar, and the Marksman Marksmanship Qualification Badge with Rifle [M14] Bar. It does not show award of the Bronze Star Medal.
6. There is no available evidence in the applicants records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Bronze Star Medal.
7. The applicant provided a citation for award of the Bronze Star Medal for his meritorious service in the Republic of Vietnam during the period from June 1969 to June 1970.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
9. Title 10 of the United States Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either
for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence of record showing that the applicant was awarded a Bronze Star Medal for his service or achievement at any time during his period of active duty service. Therefore, his request to correct his records to show this award should be denied. However, should the applicant have, or be able to obtain a copy of the orders awarding him the Bronze Star Medal, or other evidence that corroborates the available citation for award of the Bronze Star Medal, he may submit another application for consideration.
2. While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicants right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC §1130.
3. In view of the above, the applicants request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080001523
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