IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080018931 


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 received a letter from his commanding officer recommending him for award of the Bronze Star Medal.  

3.  The applicant provides a copy of an undated letter from his immediate commander recommending him for award of the Bronze Star Medal 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 he was inducted into the Army of the United States and entered active duty on 25 February 1971.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 05E (Voice Radio Operator).  He was honorably released from active duty on 19 April 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

3.  The applicant’s records show that he served in the Republic of Vietnam from on or about 9 September 1971 through on or about 18 April 1972.  He was assigned as follows:

	a.  From on or about 9 September 1971 to on or about 30 January 1972, Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry; and 

	b.  From on or about 2 February 1972 to on or about 18 April 1972, Headquarters and Headquarters Detachment, Qui Nhon Sub-Area Command.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and one Overseas Service Bar.  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.  The applicant submitted a copy of a recommendation for award of the Bronze Star Medal in the form of an undated letter, authored and authenticated by the company commander of Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry, citing the following reason:

[Applicant] has honorably served this unit from 24 September 1971 to
30 January 1972.  His conduct and efficiency have been in keeping with the highest traditions of the “First Strike” Battalion and the United States Army.  He has displayed outstanding professionalism in every endeavor and in every assigned mission.  His achievements are in keeping with the 

customs and practices of the military service and reflect great credit upon himself and the United States Army.  In recognition of his meritorious service, I recommend that he be awarded the Bronze Star Medal upon completion of his tour in Vietnam.

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 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.  The applicant contends that he should be awarded the Bronze Star Medal.

2.  The evidence of record shows that the applicant served with Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry, from 24 September 1971 to 30 January 1972.  Upon his departure from that unit, his commanding officer provided him with a letter that was intended to go to his new unit and serve as a recommendation if his service merited an award upon completion of his tour of duty in the Republic of Vietnam.  Nevertheless, there is no evidence that the applicant was awarded the Bronze Star Medal. 

3.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal.



4.  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 Title 10, U.S. Code, section 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.


															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)                                         AR20080018931



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ABCMR Record of Proceedings (cont)                                         AR20080018931



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