IN THE CASE OF:
BOARD DATE: 3 March 2009
DOCKET NUMBER: AR20090000782
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, 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 (BSM).
2. The applicant states, in effect, that he was awarded the BSM on 4 October 1971; however, it is not listed on his DD Form 214.
3. The applicant provides, a copy of his DD Form 214, dated 24 October 1971; and a certificate awarding him the BSM, dated 4 October 1971 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 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. The applicants records show that he was inducted into the Army of the United States, on 17 March 1970. He completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Sill, Oklahoma. Upon completion of his training, the applicant was awarded a military occupational specialty (MOS) of 13B (Cannon Crewman).
3. There are no orders in the applicants service personnel records that show he was awarded the Bronze Star Medal.
4. Entries on the applicants DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960, one Overseas Service Bar and the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle). The Bronze Star Medal is not shown on the applicants DD Form 214.
5. There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the Bronze Star Medal.
6. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the Bronze Star Medal to the applicant.
7. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the Bronze Star Medal is acknowledged; however, the applicant provided no orders showing he was awarded the Bronze Star Medal. No evidence was found either in his service personnel record or in the ADCARS data base to support addition of the Bronze Star Medal to the applicant's DD Form 214. The copy of the certificate provided by the applicant is insufficient to form a basis for addition of this award to his DD Form 214.
2. 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.
3. 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.
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