IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20080018483 


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.  

2.  The applicant states that he has a Bronze Star Medal certificate and orders awarding him this medal, but that it does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides a Bronze Star Medal certificate and a letter, dated 
24 July 2006, from the National Personnel Records Center 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 13 December 1967.  He completed initial entry training and was awarded military occupational specialty (MOS) 76A (Supplyman), and was later awarded MOS 71N (Movement Specialist).  After briefly serving at Fort Benning, Georgia, he departed for the Republic of Vietnam on 25 November 1968, and was initially assigned to Headquarters and Headquarters Company, 4th Transportation Command.  On 7 December 1968, he was reassigned to the 124th Transportation Company.  He returned to the continental United States on 24 November 1969, and was honorably released from active duty on 
26 November 1969.  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, and the Republic of Vietnam Campaign Medal.

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.  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.  There are also no general orders in the applicant’s military records which show that he was awarded the Bronze Star Medal.  Additionally, 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 awarding the applicant the Bronze Star Medal.

4.  The applicant provided a certificate showing that he was awarded the Bronze Star Medal for the period from November 1968 to November 1969.  He also provided a letter, dated 24 July 2006, from the National Personnel Records Center which failed to show that he was entitled to award of the Bronze Star Medal.  He indicates he has orders for the Bronze Star Medal; however, he did not provide a copy with his application.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is 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.

2.  The evidence provided by the applicant, in the form of a Bronze Star Medal certificate, was carefully considered.  However, this evidence is not corroborated by any evidence in the available military records or any other evidence provided by the applicant.  The fact that the applicant is in possession of a certificate for the Bronze Star Medal was duly noted; however, possession of citations and certificates do 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 is not questioned.  However, absent orders which officially awarded him this medal, there is insufficient basis upon which to correct his military records to show the award of the Bronze Star Medal.

4.  The fact that the applicant indicated that he has orders awarding him the Bronze Star Medal was noted.  The applicant is advised to submit a request for reconsideration if he can provide a copy of the orders which awarded him the Bronze Star 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, and especially during the Vietnam War.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080018483



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ABCMR Record of Proceedings (cont)                                         AR20080018483



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