IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080004201 


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 effect, that his record be corrected to show he was awarded the Bronze Star Medal (BSM).  

2.  The applicant states, in effect, that he was awarded the BSM for meritorious service in about August 1969, as he was leaving the Republic of Vietnam (RVN), but he has no record of the award and it is not included on his separation document (DD Form 214).  

3.  The applicant provides his DD Form 214 in support of his application.  

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.  The applicant's record shows that he was inducted into the Army and entered active duty on 1 February 1968, and was initially awarded military occupational specialty (MOS) 51J (Heating and Ventilating Specialist) and was later awarded MOS 76X (Subsistence Storage Specialist). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 15 September 1968 through 15 August 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 36th Engineer Battalion, performing duties in MOS 51J as a heating and ventilating specialist and in MOS 76X as a rations distribution supervisor.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the BSM in the list of awards entered, and Item 48 (Date of Audit) confirms the applicant last audited his DA Form 20 on 3 October 1969.

5.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that show he was ever recommended for or awarded the BSM by proper authority while serving on active duty.

6.  On 30 January 1970, the applicant was honorably separated, in the rank of sergeant, after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued shows he earned the following awards:  National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, RVN Campaign Medal with 60 Device, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar, and 2 Overseas Service Bars.  The BSM is not included in the list of awards contained on the DD Form 214 and the applicant authenticated this separation document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is a web based index containing roughly general orders issued between 1965 and 1973 for the Vietnam era.  There were no BSM orders in this file pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

9.  Paragraph 3-13 contains guidance on award of the BSM.  It states, in pertinent part, that it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM and that it should be added to his record and separation document was carefully considered.  However, there is insufficient evidence to support this claim.  The applicant’s record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  The BSM is not included in the list of awards contained in Item 41 of his DA Form 20, which he last audited on 3 October 1969, nearly two months after he departed the RVN.  In effect, this audit was his verification that the information on the record, to include the awards listed in Item 41, was correct at that time.  

2.  The BSM is also not included in the list of awards contained on his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that information contained on the DD form 214, to include the list of awards, was correct at the time the separation document was prepared and issued.  Further, there are no BSM orders pertaining to him on file in the ADCARS maintained by DA.  Absent any evidence that he was recommended for or awarded the BSM by proper authority, there is an insufficient evidentiary basis to support granting the requested relief.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20080004201



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ABCMR Record of Proceedings (cont)                                         AR20080004201



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