IN THE CASE OF:	  

		BOARD DATE:	  	  20 November 2008

		DOCKET NUMBER:  AR20080015337 


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 that the Bronze Star Medal (BSM) with one Oak Leaf Cluster be added to the list of awards contained on his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he attached copies of the citations and narratives of both medals and his separation document (DD Form 214).

3.  The applicant provides two copies of his BSM certificates with citations and a copy of his DD Form 214 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 record shows that he was inducted into the Army and entered active duty on 27 January 1969, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 16 December 1969 through 14 November 1970.  Item 33 (Appointments and Reductions) shows he was promoted to staff sergeant (SSG) on 9 September 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company E, 3d Battalion, 12th Infantry, 4th infantry Division, performing duties in MOS 11C as a Fire Direction Chief/Squad Leader.  The BSM is not included in the list of awards contained in item 41 (Awards and Decorations).  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 21 December 1969.

4.  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.

5.  On 18 November 1970, the applicant was honorably separated after completing 1 year, 9 months, and 22 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, the Good Conduct Medal, the Expert Marksmanship Qualification Badge (M-14), and two Overseas Service Bars.  The BSM is not included in the list of awards contained on the DD Form 214 and the applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.

6.  The applicant provides a copy of a BSM certificate with the citation dated 5 November 1970 and another BSM certificate with citation dated 14 November 1970, both of which show his rank as SSG and indicate he was awarded the BSM for meritorious achievement in the RVN in ground operations against hostile forces during the periods of December 1969 through November 1970 and from 1 October 1970 through 8 November 1970.

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

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 1 outlines the standards and principles of the Army's awards system.  It states, in pertinent part, that recommended decorations will be expeditiously processed and recorded in military orders and certificates by the final approving authority within 60 days.  Recommendations for awards are submitted on a DA Form 638 (Recommendation for Award) and will be approved by the proper defined award approval authority.  Paragraph 1-19 contains guidance on duplication of awards.  It states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded two BSMs was carefully considered.  However, absent any evidence of record to corroborate the information contained on the BSM certificates he provides, there is insufficient evidence to support this claim.

2.  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.

3.  In this case, absent any evidence confirming the applicant was awarded the BSM by proper authority and that this award was announced in official orders, there is an insufficient evidentiary basis to support granting the requested relief.

4.  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.

5.  The applicant and all others concerned should know that this action related to award of the BSM 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)                                         AR20080015337



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ABCMR Record of Proceedings (cont)                                         AR20080015337



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