IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090000058
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 show award of the Bronze Star Medal.
2. The applicant states, in effect, that he was awarded the Bronze Star Medal but it was never entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and certificate and citation for award of the Bronze Star Medal in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 22 June 1970, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 05C (Radio Teletype Operator).
3. On 9 March 1971, the applicant was assigned for duty as a radio teletype operator with the 33rd Signal Battalion in Alaska.
4. On 7 February 1972, the applicant was assigned for duty with the 37th Signal Battalion in the Republic of Vietnam. He was subsequently reassigned to the 39th Signal Battalion. On or about 28 March 1973, the applicant returned to the United States.
5. On 31 March 1973, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years, 9 months, and 9 days of creditable active duty.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Bronze Star Medal.
7. Item 41 (Awards and Decorations) of the applicants DA Form 20 (Enlisted Qualification Record) list his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Bronze Star Medal.
8. A review of the Awards and Decorations Computer Assisted Retrieval System, 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.
9. 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.
10. The applicant provided a copy of a Bronze Star Medal Certificate indicating that he was awarded this medal for meritorious service while in the Republic of Vietnam from April 1972 to December 1972. The accompanying citation states that he distinguished himself by outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam. The citation does not indicate the applicant's unit of assignment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Bronze Star Medal and that it should be entered on his DD Form 214.
2. There are no general orders that show the applicant was awarded the Bronze Star Medal. The certificate and citation provided by the applicant are not sufficient evidence upon which to base a correction of his records. Should he have or be able to obtain a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.
3. 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 the aforementioned requirement.
4. 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.
___________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) AR20090000058
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ABCMR Record of Proceedings (cont) AR20090000058
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