IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080015604 


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 military records be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal. 

2.  The applicant essentially states that he was awarded the Bronze Star Medal on 22 October 1968 and the Army Commendation Medal on 11 September 1968, but that these awards do not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states, in effect, that he wants to make sure that these awards are listed on his DD Form 214 and are a part of his military records.  He further states that the omission of these awards must have been a clerical error on the part of the Department of Defense.

3.  The applicant provides his DD Form 214 and Honorable Discharge certificate, citations and certificates which appear to show that he was awarded the Bronze Star Medal and the Army Commendation Medal, and a letter, dated 
14 November 2008, from the American Legion in support of this 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 records show that he was inducted into the Army of the United States on 10 November 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  After completing airborne training, he was reassigned to Fort Bragg, North Carolina, and assigned to Company B, 1st Battalion (Airborne), 325th Infantry Regiment.  In September 1967, he was reassigned to Fort Campbell, Kentucky, and was assigned to Company E, 2nd Battalion (Airborne), 501st Infantry Regiment.  This unit made a permanent change of station to the Republic of Vietnam on 14 December 1967.  He returned to the continental United States on or about 20 August 1968, and was honorably released from active duty on 21 August 1968.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the basic Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal or the Army Commendation Medal.  The applicant signed item 32 (Signature of Person Being Transferred or Discharged) of this document, attesting to the accuracy of the information contained on that form.  Item 41 (Awards and Decorations) of his 
DA Form 20 (Enlisted Qualification Record) also does not show that he was awarded the Bronze Star Medal or the Army Commendation Medal.  There are also no general orders in the applicant’s military records which show that he was awarded the Bronze Star Medal or the Army Commendation Medal, and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Bronze Star Medal or the Army Commendation Medal.

4.  The applicant provided citations and certificates which appear to show that he was awarded the Bronze Star Medal for meritorious service for the period 
1 January 1968 to 31 August 1968, and the Army Commendation Medal for meritorious achievement for the period 1 March 1968 to 31 July 1968.

5.  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.  This regulation also provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.    

6.  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.  This 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal.

2.  The evidence provided by the applicant, in the form of citations and certificates which appear to show that he was awarded the Bronze Star Medal and the Army Commendation Medal, was carefully considered.  However, this evidence is not corroborated by any information in the available military records.  The applicant authenticated his DD Form 214 with his signature, attesting to the accuracy of the information contained on this form, which does not show that he was awarded the Bronze Star Medal or the Army Commendation Medal.  The fact that the applicant is in possession of citations and certificates for the Bronze Star Medal and the Army Commendation Medal was duly noted; however, possession of citations and certificates does not automatically confer entitlement to an award.  All personal decorations must be announced in official orders, which the applicant did not provide, and are not in his military records.

3.  The sincerity of the applicant's claim to entitlement to award of the Bronze Star Medal and the Army Commendation Medal is not questioned.  However, absent orders which officially awarded him these medals, there is insufficient basis upon which to correct his military records to show the award of the Bronze Star Medal or the Army Commendation Medal.

4.  The applicant is advised that he should immediately submit a request for reconsideration if he is in possession of orders which awarded him the Bronze Star Medal or the Army Commendation Medal, and ensure that he provides a complete copy of those orders, to include an authenticating signature.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.
 



      _______ _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)                                         AR20080015604



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015604



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1