IN THE CASE OF:	  

		BOARD DATE:	  April 9, 2009

		DOCKET NUMBER:  AR20080018374 


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 the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Form 214 does not reflect this award.  In his addendum to his DD Form 149 (Application for Correction of Military Record) the applicant states that orders for this award need to be found.  He states that his first sergeant handed him his Bronze Star Medal when he was in Vietnam and then alleges that some guy in Minneapolis stated that anybody could get a Bronze Star [Medal Certificate] and put signatures on the forms.

3.  In support of his request, the applicant submits an addendum to his DD Form 149 and a copy of an award certificate and an accompanying citation for the Bronze Star Medal.

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 12 June 1969.  He completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Sill, Oklahoma.  After completing all required training, he was awarded military occupational specialty 13A (Field Artillery Basic).

3.  The applicant served in Vietnam from 7 November 1969 through 16 December 1970 with Battery C, 3rd Battalion, 82nd Artillery Regiment of the Americal Division.

4.  The applicant was honorably released from active duty on 17 December 1970 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, as an early release of overseas returnee.  He was separated in the rank and pay grade of sergeant/E-5.  He was credited with 1 year, 6 months, and 6 days of active military service with no time lost.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.

7.  There are no orders in the applicant's personnel records awarding him the Bronze Star Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.

9.  The applicant submitted a copy of a citation and a copy of an award certificate awarding him the Bronze Star Medal.  The award certificate indicates the Bronze Star Medal was awarded to him for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from November 1969 to November 1970.  The award citation indicates the Bronze Star Medal was awarded to him for outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  The applicant did not submit a copy of general orders to support this award to him and its addition to his DD Form 214.

10.  The award certificate and award citation which are dated 14 October 1970 both identify the applicant as a specialist four.  The applicant was promoted to the rank and pay grade of sergeant/E-5 on 1 August 1970.

11.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be awarded to Soldiers for heroism, meritorious achievement, or meritorious service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

DISCUSSION AND CONCLUSIONS:

1. The applicant provided a copy of a citation and award certificate awarding him the Bronze Star Medal while he served in Vietnam; however, he provided no general orders showing he was awarded the Bronze Star Medal.  The applicant indicated in his request to the Board that he did not have general orders to support the award and these orders needed to be found.

2.  A search in ADCARS of general orders published by the Americal Division in 1970 was conducted and this search failed to reveal that orders were published awarding the applicant the Bronze Star Medal.

3.  No evidence was found in the applicant's service personnel record to show he was awarded the Bronze Star Medal; therefore, there is insufficient evidence available to support addition of the Bronze Star Medal to his DD Form 214.

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)                                         AR20080018374



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ABCMR Record of Proceedings (cont)                                         AR20080018374



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