IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080013412
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 records be corrected to show he was awarded the Bronze Star Medal.
2. The applicant states he believes he was awarded the Bronze Star Medal while assigned to Company A, 1st Battalion, 50th Infantry Regiment, 2nd Armored Division, in Vietnam in the summer of 1969; yet the award was pinned on his chest by his commanding officer when he left the service in 1972.
3. The applicant provides copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 entered active duty on 6 September 1968, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman). He reenlisted on 6 November 1969.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Company D, 1st Battalion, 28th Infantry Regiment, 1st Infantry Division from 18 March 1969 through 5 January 1970 and Company C, 87th Infantry Regiment from 6 January 1970 through 6 July 1970. It also shows he served with Company A, 1st Battalion, 50th Infantry Regiment, 2d Armored Division while he was stationed at Fort Hood, Texas.
4. He was honorably discharged on 18 December 1972. His DD Forms 214 list his awards as the Purple Heart, the Army Commendation Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. The record contains no documentation that the applicant was formally recommended for or awarded the Bronze Star Medal.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to locate any indication of an award of the Bronze Star Medal. ADCARS does include orders of his Purple Heart, Air Medal, and Army Commendation Medal.
7. Army Regulation 600-8-22 (Military Awards) states the following:
a. the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service; and
b. as with all personal decorations, formal recommendations for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided nor does the record contain any documentation to show the applicant has ever been awarded the Bronze Star Medal.
2. 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.
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) AR20080013412
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ABCMR Record of Proceedings (cont) AR20080013412
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