IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080010123
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, that his record be corrected to show he was awarded the Bronze Star Medal (BSM).
2. The applicant states, in effect, that he was awarded the BSM; however, it was not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which he believes to be an honest omission.
3. The applicant provides his a copy of the Bronze Star Medal 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 record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.
3. The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 19 August 1970, and was awarded military occupational specialty (MOS) 11B (Infantryman).
4. The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that show he was ever recommended for or awarded the BSM by proper authority while serving on active duty.
5. On 22 January 1972, the applicant was honorably released from active duty, in the rank of specialist four/pay grade E-4 after completing 1 year, 5 months, and 4 days of active military service. The DD Form 214 he was issued shows he earned the following awards: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Air Medal. The BSM is not included in the list of awards contained on the DD Form 214 and the applicant authenticated this separation document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.
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) prescribes the Army's awards policy. Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.
8. Paragraph 3-13 contains guidance on award of the BSM. It states, in pertinent part, that it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was awarded the BSM and that it should be added to his record and separation document was carefully considered. However, there is insufficient evidence to support this claim. The applicants record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.
2. Additionally, there are no BSM orders pertaining to him on file in the ADCARS maintained by HRC. Absent any evidence that he was recommended for or awarded the BSM by proper authority, there is an insufficient evidentiary basis to support granting the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. The applicant and all others concerned should 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.
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.
__________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.
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