IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20080018134 


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 award of the Bronze Star Medal

2.  The applicant states that he served with the 1st Cavalry Division in the Republic of Vietnam in 1970 and that he was involved in a fire fight on a bunker by himself.

3.  The applicant provides an undated self-authored statement in support of his request.

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 records show that he was inducted into the Army of the United States on 17 July 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67V (Helicopter Repairer).  The highest rank/grade he attained during this period of military service was specialist five/E-5. 

3.  The applicant’s records show that he served in the Republic of Vietnam from 17 January 1970 to 11 December 1970.  He was assigned to Company A, 15th Transportation Battalion, 1st Cavalry Division.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Good Conduct Medal.  Item 24 does not show award of the Bronze Star Medal. 

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

6.  The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal.

7.  In an undated self-authored letter, the applicant states that soon after his arrival in the Republic of Vietnam, he was placed in a bunker with two other Soldiers to guard the front line of defense.  As the night fell, he started tracking incoming and immediately notified the sergeant of the guard who told him that there had been reports of wild dogs in the area.  These wild dogs, however, turned out to be enemy soldiers who started firing at him.  He adds that the intense exchange of fire did not awaken his two buddies because they were stoned.  He then notified the sergeant of the guard but was told the fire was too intense to send him reinforcements.  He continued exchanging fire with the enemy and by morning, he had expended most of the available ammunition.  When relief arrived in the morning, the sergeant of the guard told him he should receive a Bronze Star Medal for keeping his bunker from being overrun by the enemy.  





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.  

9.  Title 10 of the U. S. Code, section 1130 (10 USC 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 of the award of the Bronze Star Medal other than the statement submitted by the applicant.  Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  There is insufficient evidence to award the applicant the Bronze Star Medal.

2.  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 the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 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.



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      _______ _   _______   ___
               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)                                         AR20080018134



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ABCMR Record of Proceedings (cont)                                         AR20080018134



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