IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080009724
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 correction of his records to show award of the Bronze Star Medal.
2. The applicant states that he was awarded the Bronze Star Medal two months after he left the service. He states that a certificate and lapel pin were forwarded to him at that time.
3. The applicant provides no additional documents 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 was appointed as a Reserve commissioned officer on 6 June 1965. He was ordered to active duty on 8 July 1965. He served in Germany from May 1966 to June 1967 and in Vietnam from August 1967 to August 1968.
3. There are no orders which indicate the applicant was awarded the Bronze Star Medal. Item 21 (Awards and Decorations) on his DA Form 66 (Officer Qualification Record) does not list the Bronze Star Medal.
4. The applicant was separated from active duty on 30 October 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal as authorized awards.
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.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he was awarded the Bronze Star Medal two months after he left the service. However, there are no orders, certificate or any other evidence available which indicate he was awarded the Bronze Star Medal. Regrettably, there is insufficient evidence on which to base correction of his records to show award of the Bronze Star Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_______ _ xxxx_____ ___
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) AR20080009724
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ABCMR Record of Proceedings (cont) AR20080009724
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