IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080013881
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, award of the Bronze Star Medal.
2. The applicant states that he was presented with the Bronze Star Medal along with other members of his company prior to leaving Vietnam. He also states that he is 100 percent disabled.
3. The applicant provides a Department of Veterans Affairs outpatient routing slip, dated 17 July 2008.
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 enlisted on 6 August 1970 for a period of 3 years. He served as a lineman in Vietnam from 18 September 1971 through 4 April 1972 and was honorably discharged on 30 November 1972 for immediate reenlistment.
3. The applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 30 November 1972 does not show the Bronze Star Medal as an authorized award.
4. The applicant reenlisted on 1 December 1972 for a period of 4 years. On 6 November 1974, he was honorably discharged by reason of physical disability.
5. The applicants DD Form 214 (Report of Separation from Active Duty) for the period ending 6 November 1974 does not show the Bronze Star Medal as an authorized award.
6. There are no orders for the Bronze Star Medal in the available records.
7. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Bronze Star Medal orders on file for the applicant.
8. 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows the applicant was awarded the Bronze Star Medal. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_________________________
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) AR20080013881
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ABCMR Record of Proceedings (cont) AR20080013881
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