IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080008498
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 the award of the Bronze Star Medal be added to Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 May 1970.
2. The applicant states, in effect, this award was not entered on his
DD Form 214.
3. The applicant provides, in support of his application, copies of his
DD Form 214 and a Bronze Star Medal Certificate.
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 personnel record shows he initially enlisted in the Regular Army on 31 May 1968 for a period of 2 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 11C (Infantry Indirect Fire Crewman).
3. The applicant was assigned to Company B, 1st Battalion, 46th Infantry in the Republic of Vietnam during the period from 8 November 1968 to 18 October 1969.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain an entry for the award of the Bronze Star Medal.
5. On 28 May 1970, the applicant was released from active duty due to the expiration of his period of service. He had completed 1 year, 11 months, and
28 days of active service that was characterized as honorable.
6. Item 24 of the applicant's DD Form 214 does not contain an entry for the Bronze Star Medal.
7. There are no orders in the applicant's military service records awarding him the Bronze Star Medal.
8. A review of the Department of the Army Awards and Decorations Computer Assisted Retrieval System (ADCARS) did not provide any orders awarding the applicant the Bronze Star Medal.
9. 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.
10. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, 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. The applicant contends that the award of the Bronze Star Medal should be entered in Item 24 of DD Form 214.
2. The applicant's military records do not contain any orders awarding the applicant the Bronze Star Medal and the review of ADCARS did not provide any copies of orders.
3. Item 41 of the applicant's DA Form 20 does not provide any evidence of the award of the Bronze Star Medal.
4. There is no order, letter, or memorandum awarding the applicant the Bronze Star Medal. The only evidence showing the award of the Bronze Star Medal is the certificate submitted by the applicant. Army regulations specifically state that award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration on the DD Form 214.
5. In view of the above, there is insufficient evidence in this case to grant relief.
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) AR20080008498
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ABCMR Record of Proceedings (cont) AR20080008498
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