IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080013958
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 correction of his military records to show he was awarded the Bronze Star Medal.
2. The applicant states, in effect, that he served in Vietnam with L Company (Ranger), 75th Infantry, 101st Airborne Division (Airmobile). He continues that he was assigned to Ranger Team 17 and after talking to former team members, he found out that all members of the team received the Bronze Star Medal. The applicant states that during his tenure with Ranger Team 17, he was awarded the Purple Heart and the Combat Infantryman Badge. He feels that he earned the Bronze Star Medal for meritorious service and it should be added to his records.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 31 March 1972 and a photograph of himself wearing jungle fatigues at Camp Eagle, Phu Bai, Republic of Vietnam.
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 in the Regular Army on 11 August 1970 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to L Company (Ranger), 75th Infantry, 101st Airborne Division (Airmobile) on or about 20 March 1971. He was reassigned to B Company, 1st Battalion (Airmobile), 502nd Infantry on or about 15 November 1971. On 19 November 1971, he was reassigned to
C Company, 158th Aviation Battalion.
4. The applicant departed Vietnam on or about 11 December 1971. He was honorably released from active duty on 31 March 1972 and transferred to a U.S. Army Reserve (USAR) unit in Flint, Michigan.
5. The applicant's DD Form 214 with the ending period of 31 March 1972 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol and Machinegun Bar.
6. There are no orders in the applicant's service personnel records awarding him the Bronze Star Medal.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.
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.
9. Title 10, U.S. Code, section 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 in the available records and the applicant has not provided evidence that shows he was awarded or recommended for award of the Bronze Star Medal for heroism or for meritorious achievement or service. Unfortunately, there is insufficient evidence to warrant awarding him the Bronze Star Medal.
2. While the available evidence is insufficient for showing the applicant was awarded the Bronze Star Medal, this in no way affects the applicants right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
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.
XXX
______________________
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) AR20080013958
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ABCMR Record of Proceedings (cont) AR20080013958
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