IN THE CASE OF:	  

		BOARD DATE:	  	  18 February 2009

		DOCKET NUMBER:  AR20080012018 


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, the BSM is not included on his separation document (DD Form 214).  

3.  The applicant provides a copy of his DD Form 214, a BSM certificate, and a copy of a citation of the BSM 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.  On 26 June 1969, the applicant enlisted in the Regular Army for a period of
3 years, and was awarded military occupational specialty (MOS) 51B (Carpenter).  The highest grade he attained was pay grade E-5. 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in Vietnam from 31 May 1970 through 26 December 1971.  Item 38 (Record of Assignments) shows that during his Vietnam tour, he was assigned to the 507th Engineer Detachment, performing duties in MOS 51B as a Carpenter.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the BSM in the list of awards entered.

5.  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.

6.  On 30 December 1971, the applicant was honorably released from active duty in the rank of specialist five (SP5)/E-5, after completing 2 years, 6 months, and
5 days of active military service.  The DD Form 214 he was issued shows he earned the following awards:  the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  The BSM is not included in the list of awards contained on the DD Form 214.

7.  The applicant provides a copy of a BSM certificate, dated 1 February 1972, with a citation, which shows his rank as specialist five and indicates he was awarded the BSM for meritorious service in connection with military operations against hostile forces in the Republic of Vietnam during the period of 30 May 1970 through 26 December 1971.  

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

9.  United States Army Vietnam Regulation 672-1 (Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations
10.  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, not involving participation in aerial flight, in connection with military operations against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM and that it should be added to his record and the documents submitted by the applicant in support of his case were carefully considered.  However, there is insufficient evidence to support this claim.  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.  

2.  There are no BSM orders pertaining to the applicant on file in the ADCARS maintained by DA.  Absent any orders confirming he was 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.

ABCMR Record of Proceedings (cont)                                         AR20080012018



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ABCMR Record of Proceedings (cont)                                         AR20080012018



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