IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080014350 


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, correction of his discharge document to show award of the Bronze Star Medal.

2.  The applicant states, in effect, he was recommended for the Bronze Star Medal, but never received orders for the award.

3.  The applicant provides a copy of USARV Form 157-R (Recommendation for Decoration for Valor or Merit), undated; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 19 June 1969; DD Form 214, with an effective date of 18 November 1970; DD Form 214 (Report of Separation from Active Duty), with an effective date of 6 September 1976; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 6 September 1980 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 service records show he was inducted into the Army of the United States on 15 May 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 94B (Cook).  On 8 January 1969, the applicant was assigned overseas and served in U.S. Army, Europe (USAREUR) in Germany.

3.  The applicant’s military service records contain a DD Form 214 that shows the applicant was inducted on 15 May 1968 and honorably discharged on 19 June 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Badge.  At the time of his discharge, the applicant was credited with completing 1 year, 1 month, and 5 days net service this period and 5 months and 12 days foreign service.

4.  The applicant reenlisted in the Regular Army (RA) for a period of 6 years on 29 June 1969.  He departed USAREUR on 29 June 1970 and returned to the continental United States (CONUS) for training and award of MOS 44B (Metal Body Repairman).

5.  The applicant’s military service records contain a DD Form 214 that shows the applicant entered active duty this period on 20 June 1969 and was honorably discharged on 18 November 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal.  At the time of his discharge, the applicant was credited with completing 1 year, 4 months, and
29 days net service this period; 1 year, 1 month, and 5 days other service;
2 years, 6 months, and 4 days total service; and 1 year and 1 day foreign service.

6.  The applicant reenlisted in the RA for a period of 6 years on 19 November 1970.  On 13 February 1971, the applicant was assigned overseas to the Far East Pacific (FEPA) in the Republic of Vietnam (RVN) where he served through 24 January 1974, when he was returned to CONUS.  On 4 May 1974, he was assigned overseas to the FEPA in Okinawa (Japan) where he served through
26 March 1975, when he was returned to CONUS.


7.  The applicant’s military service records contain a DD Form 214 that shows the applicant entered active duty this period on 19 November 1970 and was honorably discharged on 6 September 1976.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal (2nd Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, and 1 Overseas Service Bar.  Item 27 (Remarks), in pertinent part, contains the entry “Last Overseas Area:  Vietnam.”  At the time of his discharge, the applicant was credited with completing 5 years, 9 months, and 18 days net active service this period; 2 years, 6 months, and 4 days prior active service; 8 years, 3 months, and 22 days total active service; and 1 year, 10 months, and 5 days foreign service this period.

8.  The applicant reenlisted in the RA for a period of 4 years on 7 September 1976.  On 11 July 1978, the applicant was assigned overseas to USAREUR (Germany) where he served through 15 July 1980, when he was returned to CONUS.

9.  The applicant’s military service records contain a DD Form 214 that shows the applicant entered active duty this period on 7 September 1976 and was honorably discharged on 6 September 1980 under the provisions of Army Regulation 635-200, Chapter 2, based upon completion of required service (expiration term of service).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal (2nd Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bar.  At the time of his discharge, the applicant was credited with completing 4 years net active service this period; 8 years, 3 months, and 22 days total prior active service; 12 years, 3 months, and 22 days active service; and
2 years and 5 days foreign service.

10.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 31 (Foreign Service), in pertinent part, shows he served overseas in the FEPA (RVN) from 13 February 1971 through 24 January 1972.  Item 35 (Record of Assignments) shows, in pertinent part, he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, 
9th Infantry Division from 22 February 1971 through 4 October 1971; 62nd Maintenance Battalion (RVN) from 5 October 1971 through 26 November 1971; and 557th Light Maintenance Company (RVN) from 27 November 1971 through
24 January 1972.  Item 9 (Awards, Decorations and Campaigns) of this document shows the applicant was awarded the Good Conduct Medal
(2nd Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and
1 Overseas Service Bar.  This item also shows the applicant participated in the Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II campaigns.

11.  There are no orders or other evidence in the applicant’s military service records showing he was awarded the Bronze Star Medal.

12.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant during his service in the RVN.
  
13.  In support of his application, the applicant provides a copy of USARV Form 157-R (Recommendation for Decoration for Valor or Merit), undated.  This document appears to be a copy of a carbon copy of the form and is difficult to decipher.  The document shows that the applicant was recommended for award of the Bronze Star Medal for meritorious service in connection with military operations in the RVN with the 557th Light Maintenance Company for the period 29 November 1971 to 8 January 1972.  Item 19 (Name/Grade/Position of Originator) and Item 20 (Signature and Date) appear to contain entries, but they are not distinguishable.  Item 21 (Recommend - Thru Command:), Item
22 (Name/Grade/Position), and Item 23 (Signature and Date) are absent entries. The applicant also provides 4 DD Forms 214, with effective dates of 19 June 1969, 18 November 1970, 6 September 1976, and 6 September 1980.  These
4 documents were previously introduced and considered in this Record of Proceedings.

14.  Army Regulation 600-8-22 (Military Awards) provides 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.  

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 
the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

16.  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 a 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 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.  The applicant contends, in effect, that his records should be corrected to show award of the Bronze Star Medal because he was recommended for the award, but never received the orders.

2.  The applicant provides, in pertinent part, a copy of a recommendation for award in support of his claim.  This document shows that the applicant was recommended for the Bronze Star Medal; however, there is no evidence that the recommendation was processed to conclusion through the chain of command.  That is, there is no evidence that the award approving authority approved, disapproved, or downgraded the recommendation for award of the Bronze Star Medal.  In addition, there are no orders or other evidence in the applicant’s records that shows he was awarded the Bronze Star Medal.  Moreover, a thorough search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders pertaining to an award of the Bronze Star Medal to the applicant.  Thus, in view of the foregoing, there is insufficient evidence to support the applicant’s claim to the Bronze Star Medal in this case.

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.  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 this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  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)                                         AR20080014350



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ABCMR Record of Proceedings (cont)                                         AR20080014350



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