IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080006181
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 that the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that there is no mention of his Bronze Star Medal (received in September 1969).
3. The applicant indicated that he provided an award letter for the Bronze Star Medal; however, no evidence was attached to 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 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. After having served as an enlisted Soldier, the applicant was commissioned out of Officer Candidate School as a second lieutenant and entered active duty on 5 October 1967.
3. The applicant arrived in Vietnam and was assigned to the 41st Civil Affairs Company on 23 December 1968. He departed Vietnam on 26 August 1969.
4. The applicant was released from active duty on 2 September 1969. His DD Form 214 for the period ending 2 September 1969 does not show he was awarded the Bronze Star Medal. There are no orders awarding him the Bronze Star Medal in his records. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show he was awarded the Bronze Star Medal.
5. 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.
6. 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. Regrettably, there is no evidence of record and the applicant provided no evidence to show he was awarded the Bronze Star Medal. General orders awarding him the Bronze Star Medal would be the most acceptable evidence to show he was awarded this decoration if he should apply to the Board for reconsideration. Any other evidence would be carefully considered.
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 Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __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.
XXX
_______________________
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) AR20080006181
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ABCMR Record of Proceedings (cont) AR20080006181
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