IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080007359
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 his Bronze Star Medal (BSM) be added to his separation document (DD Form 214).
2. The applicant states that his original DD Form 214 had the BSM listed, but when he lost his original the copy of the DD Form 214 did not show the BSM. He has his BSM certificate, but his Social Security Account Number (SSAN) is incorrectly listed on the certificate.
3. The applicant provides his BSM certificate 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 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's military records show that he enlisted on 21 October 1971, was awarded the military occupational specialty of military policeman, and was promoted to pay grade E-4. He served in Vietnam from 4 April 1972 to 6 March 1973.
3. The applicant was honorably released from active duty on 19 October 1973. The DD Form 214 he was issued does not include the BSM.
4. The applicant's records do not contain orders or an award recommendation for the BSM.
5. The applicant's DA Form 20, Enlisted Qualification Record, does not show that the applicant was awarded the BSM.
6. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the MPRJ, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, the applicant's BSM certificate is insufficient evidence to show that he was awarded the BSM, in accordance with Army Regulation 600-8-104.
2. Since there is no corroborating evidence to show that the applicant was awarded the BSM, there is insufficient basis in which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to 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.
_______ _ 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) AR20080007359
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ABCMR Record of Proceedings (cont) AR20080007359
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