IN THE CASE OF:	  

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080010890 


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 the Bronze Star Medal (BSM) be added to the list of awards contained on his separation document (DD Form 214). 

2.  The applicant states, in effect, the BSM he earned was not included in the list of awards contained on his DD Form 214.  

3.  The applicant provides a BSM Certificate and DD Form 214 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 record shows that he was inducted into the Army and entered active duty on 6 February 1968, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Corpsman).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 8 August 1968 through 4 August 1969.  Item 33 (Appointments and Reductions) shows he was promoted to specialist five (SP5) on 20 April 1969, and that this is the highest rank he attained while serving on active duty.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 501st Infantry Regiment, performing duties in MOS 91B as a company aidman.  The BSM is not included in the list of awards contained in Item 41 (Awards and Decorations), and Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 25 November 1969.  

4.  The applicant's 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.  The record does include Headquarters, 101st Airborne Division General Orders (GO) Number (#) 3164, dated 4 April 1969, which awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement during the period 1 October 1968 through 28 February 1969.    

5.  On 5 February 1970, the applicant was honorably separated after completing 2 years of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards:  ARCOM; National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The BSM is not included in the list of awards contained on the DD Form 214 and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.  

6.  The applicant provides a copy of a BSM Certificate, dated 21 May 1969, which shows his rank as specialist four (SP4) and indicates he was awarded the BSM for meritorious achievement in the RVN during the period 1 September 1968 through 30 April 1969.  

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is a web based index containing GOs issued between 1965 and 1973 for the Vietnam era.  There were no orders pertaining to the applicant in the ADCARS file.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 1 outlines the standards and principles of the Army's awards system.  It states, in pertinent part, that recommended decorations will be expeditiously processed, and recorded in military orders and certificates by the final approving authority within 60 days.  Recommendations for awards are submitted on a DA Form 638, and will be approved by the proper defined award approval authority.  Paragraph 1-19 contains guidance on duplication of awards.  It states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the BSM for meritorious achievement for the period 1 September 1968 through 30 April 1969 was carefully considered.  However, absent any evidence of record to corroborate the information contained on the BSM Certificate he provides, there is insufficient evidence to support this claim.  

2.  The applicant's 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.  In addition, by regulation, only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  

3.  In this case, orders were published by proper authority awarding the applicant the ARCOM for meritorious achievement during the period 1 October 1968 through 28 February 1969.  The period of meritorious achievement listed on the BSM Certificate provided by the applicant, which is 1 September 1968 through 30 April 1969, overlaps the period for which the applicant was awarded the ARCOM and therefore is a duplicate award, which is prohibited by the governing regulation.  Therefore, absent any evidence confirming the applicant was awarded the BSM by proper authority and that this award was announced in official orders, there is an insufficient evidentiary basis to support granting the requested relief.   

4.  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.
5.  The applicant and all others concerned should know that this action related to award of the BSM 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.

ABCMR Record of Proceedings (cont)                                         AR20080010956



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ABCMR Record of Proceedings (cont)                                         AR20080010890



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