IN THE CASE OF:	

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080011209 


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 the award of the Bronze Star Medal.

2.  The applicant states that he believes the award of the Bronze Star Medal was overlooked at the end of his tour from the Republic of Vietnam in June 1968.  He was an Infantryman engaged in a few battles, so he thinks his combat actions warrant the award of the Bronze Star Medal.  He further states that he served with the Big Red One, 1st Infantry Division from June 1967 to June 1968, during a night attack in the Black Virgin Mountains, and during another ground attack which took place at "Bu Dop" while they were reinforcing a Special Forces camp at night.  In 1968, the second day of the Tet Counteroffensive, they engaged in the Battle of "An My" just outside of "Pho Loi."  They also engaged with  
273 "VC" and the "Dong Nai" Regiment and participated in the "Thu Duc" Battle.  He believes he warrants the Bronze Star Medal for the battle engagements he participated in.

3.  The applicant provides a personal statement, separation document (DD Form 214), and an extract from the internet that describes the battles of "Bu Dop" and "An My," 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 he enlisted in the Regular Army on 22 December 1966.  He completed the necessary training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served with Company C, 2nd Battalion, 28th Infantry, 1st Infantry Division in the Republic of Vietnam during the period from 22 July 1967 to 25 June 1968.  He was honorably released from active duty on 16 December 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He completed 1 year, 11 months, and 25 days of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Bronze Star Medal.

5.  The extract that the applicant submitted describes in detail the battles that Company C, 1st Battalion, 28th Infantry; Company A, 2nd Battalion, 33rd Field Artillery; and Company D, 1st Battalion, 4th Cavalry, 1st Infantry Division was involved with during the Tet Counteroffensive 1968 at "Bu Dop" and "An My."

6.  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.

7.  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 recommendation in the applicant’s record.  As such, there is no basis to award the applicant the Bronze Star Medal.

2.  The applicant’s statement was considered.  However, there is insufficient evidence to show that the applicant was present at the time of the battles he mentioned above or, if he was, whether his actions warranted the award of the Bronze Star Medal.

3.  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 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 to award the Bronze Star Medal.






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)                                         AR20080011209



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ABCMR Record of Proceedings (cont)                                         AR20080011209



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