IN THE CASE OF:	 

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080010249 


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 records be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states he believes he met the criteria for the award of the Bronze Star Medal and the Army Commendation Medal for his service in the Republic of Vietnam between 14 February 1968 to 31 July 1968 and based on Headquarters, 3rd Brigade, 82nd Airborne Division General Orders Number 175, dated
16 November 1968; and Headquarters, 101st Airborne Division General Orders Number 6880, dated 7 October 1968.

3.  The applicant provides a copy of his separation document (DD Form 214); a Letter of Recognition and Consideration from a retired major, dated 20 March 2008; Headquarters, 3rd Brigade, 82nd Airborne Division General Orders Number 175, dated 16 November 1968; Headquarters, 101st Airborne Division General Orders Number 6880, dated 7 October 1968; Armed Forces Examining and Entrance Station Special Orders Number 227, dated 15 November 1966; and Headquarters, Personnel Center, United States Army Garrison Troop Command Special Orders Number 231, dated 13 November 1968, 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 applicant’s 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 applicant’s 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 that he was inducted into the Army of the United States on 15 November 1966.  He completed the necessary training and was awarded military occupational specialty (MOS) 94B (Cook).  He was later awarded MOS 91A (Medical Corpsman).

3.  He served with Headquarters and Headquarters Company (HHC), 
2nd Battalion, 505th Infantry in the Republic of Vietnam during the period 
14 February 1968 to 25 July 1968.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 14 November 1968.  He completed 2 years of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Parachutist Badge.  However, it does not show the Bronze Star Medal or the Army Commendation Medal.

5.  General Orders Number 175, dated 16 November 1968 and General Orders Number 6880, dated 7 October 1968 shows a group of Soldiers were awarded the Bronze Star Medal and Army Commendation Medal, respectively.  However, the applicant's name was not listed amongst them.

6.  The Letter of Recognition and Consideration that the applicant submitted describes the applicant's service while he was in the Republic of Vietnam and states its purpose is for the applicant's combat service record to be recognized by an appropriate award, such as the Bronze Star Medal and the Army Commendation Medal.

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.  

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Title 10 of the United States Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of a Bronze Star Medal or an Army Commendation Medal recommendation in the applicant’s record.   

2.  The General Orders that were submitted by the applicant only show that a group of Soldiers were awarded the Bronze Star Medal and the Army Commendation Medal.  The Letter of Recognition and Consideration the applicant submitted is noted.  However, there is no evidence that the applicant met the criteria for the Bronze Star Medal and Army Commendation Medal.  

3.  As such, there is no basis to award the applicant the Bronze Star Medal and the Army Commendation Medal. 

4.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal this in no way affects the applicant’s right to pursue his claim 

for the Bronze Star Medal and the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC §1130.

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)                                         AR20080010249



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ABCMR Record of Proceedings (cont)                                         AR20080010249


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