IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080009719
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 records to show award of the Bronze Star Medal.
2. The applicant states that he was awarded the Bronze Star Medal along with other medals during an award ceremony before he left Vietnam. However, he lost his citation and has no supporting evidence other than his word.
3. The applicant provides a copy of a letter, dated 1 May 2008, from the National Personnel Records Center (NRPC), 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. With prior enlisted service, the applicants records show he was appointed as a Field Artillery (FA) commissioned officer of the Army on 10 July 1970. He attained the rank of first lieutenant and was honorably released from active duty to the control of the U.S. Army Reserve on 9 March 1972.
3. The applicant's records also show he served in the Republic of Vietnam from 14 August 1970 to 11 August 1971. He was assigned to B Battery, 2nd Battalion, 320th Artillery, 101st Airborne Division.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960-Device, the Army Commendation Medal, the Air Medal, and the Combat Infantryman Badge. Item 24 does not show award of the Bronze Star Medal.
5. There are no general orders in the applicant's records that show he was awarded the Bronze star Medal.
6. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Bronze Star Medal orders on file for the applicant.
7. 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
DISCUSSION AND CONCLUSIONS:
The available evidence does not show the applicant was awarded the Bronze Star Medal. Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.
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.
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) AR20080009719
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