IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080004445
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal (First Oak Leaf Cluster) and the Army Commendation Medal.
2. The applicant states that his DD Form 214 does not show his two Bronze Star Medals or the Army Commendation Medal.
3. The applicant provides a copy of 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 applicant was inducted into the Army of the United States on 15 May 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery, Basic). He was assigned to Vietnam on 6 October 1968 as a cannoneer. He was promoted to sergeant, E-5 on 18 June 1969.
3. There are no orders which indicate the applicant was awarded the Bronze Star Medal or the Army Commendation Medal. Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal or the Army Commendation Medal.
4. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Bronze Star Medal.
5. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There are no orders available which indicate the applicant was awarded any awards of the Bronze Star Medal or the Army Commendation Medal. Therefore, there is no basis for correcting his DD Form 214 to show the Bronze Star Medal (First Oak Leaf Cluster) and the Army Commendation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
xx______ xx______ 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.
xxxxxxx_____ ___
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) AR20080004445
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ABCMR Record of Proceedings (cont) AR20080004445
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