IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20080018580 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states that as evidenced by the certified copies of both awards, he was awarded the Army Commendation Medal on 21 December 1970 and he was awarded the Bronze Star Medal on 18 April 1972.

3.  The applicant provides in support of his application, a copy of a certificate which shows that he was awarded the Army Commendation Medal; a certificate which shows that he was awarded the Bronze Star Medal; and a copy of his DD Form 214.

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 available records show that with 1 year and 3 days of prior enlisted service, the applicant accepted a commissioned as a second lieutenant in the United States Army Reserve (USAR) and he was ordered to active duty from the USAR effective 27 January 1967.

3.  He successfully completed his training as an infantry unit commander and he was promoted to the rank of first lieutenant on 27 January 1968.  He was promoted to the rank of captain on 26 February 1972.

4.  After completing 5 years and 29 days of net service this period, the applicant was honorably released from active duty (REFRAD) and he was transferred to the USAR Control Group (Standby) to continue his service obligation.

5.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service, the Good Conduct Medal (First Award), the Expert Infantryman Badge, the Vietnam Service Medal, the Air Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Purple Heart, two Overseas Service Bars, and the Army Aviator Badge.

6.  A review of the available records do not show that orders were ever published awarding the applicant the Bronze Star Medal or the Army Commendation Medal.

7.  A review of the Army Human Resources Command (AHRC) Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain orders showing that the applicant was awarded the Bronze Star Medal or the Army Commendation Medal.

8.  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 may have been awarded for heroism, meritorious achievement or 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.  

9.  Army Regulation 600-8-22 (Military Awards) provides 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.

10.  Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Bronze Star Medal and the Army Commendation Medal based on the certified certificates that he submitted in support of his application.

2.  His contentions have been noted along with the copies of the certificates that he submitted in support of his application.  However, there is no evidence in the available records, nor has he submitted any evidence, that shows that orders were ever published awarding him the Bronze Star Medal or the Army Commendation Medal.

3.  Additionally, the AHRC ADCARS does not contain orders showing that the applicant was awarded the Bronze Star Medal or the Army Commendation Medal.  Regrettably, therefore, absent orders it would not be appropriate to include these awards on his DD Form 214.

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.  In view of the foregoing, there is no basis for granting the applicant's request.

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.



      _______ _  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)                                         AR20080018580



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ABCMR Record of Proceedings (cont)                                         AR20080018580



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