IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080002335
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 military records to add a copy of his Installation Clearance Record (DA Form 137) and to show that he was awarded the Bronze Star Medal.
2. The applicant states that the DA Form 137 shows that he was recommended for award of the Bronze Star Medal but it was not added to his records.
3. The applicant provides copies of his DA Form 137 and a letter from the Office of The Adjutant General verifying his grade.
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 10 October 1968, 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) 94B (Cook).
3. On 7 June 1969, the applicant was assigned for duty as a cook with the
2nd Battalion, 506th Infantry Regiment, in the Republic of Vietnam. He returned to the United States on 11 May 1970.
4. The applicants records contain a copy of a DA Form 137, dated 8 May 1970, showing that he cleared Camp Evans, in the Republic of Vietnam. It also indicates in the remarks block that he was recommended for award of the Bronze Star Medal.
5. On 18 May 1970, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5 and had completed 1 year,
7 months and 9 days of creditable active duty.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) as corrected by DD Form 215 (Correction to DD Form 214), lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, [Republic of ] Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Bronze Star Medal.
7. Item 41 (Awards and Decorations) of the applicant's Enlisted Qualification Record (DA Form 20) does not show award of the Bronze Star Medal.
8. 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.
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. The evidence of record clearly shows that the applicant was recommended for award of the Bronze Star Medal. However, there is no evidence showing that the recommendation was approved or that orders were subsequently issued.
2. While the available evidence is insufficient for awarding the applicant a 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. The applicants records contain a copy of his DA Form 137.
4. 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) AR20080002335
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