IN THE CASE OF:
BOARD DATE: 30 JUNE 2009
DOCKET NUMBER: AR20090002237
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) for his period of service ending
21 August 1968 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 annotated on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214 and a certificate showing award of the Bronze Star Medal.
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 4 January 1966, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was subsequently enrolled in the Officer Candidate Course. On 21 November 1966, the applicant was discharged for the purpose of accepting a commission as an officer in the United States Army Reserve with immediate call to active duty.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, for his period of service ending on 21 November 1966, lists his awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Machinegun Bar. It does not show award of the Bronze Star Medal.
4. On 22 November 1966, the applicant was ordered to active duty as a second lieutenant, Field Artillery.
5. On 15 August 1967, the applicant was assigned for duty with the 2nd Battalion, 35th Field Artillery Regiment, in the Republic of Vietnam. He returned to the United States on or about 9 August 1968.
6. On 21 August 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of first lieutenant, pay grade O-2, and had completed a total of 2 years, 7 months and 18 days of creditable active duty service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, for his period of service ending 21 August 1968, lists his awards as the National Defense Service Medal, Vietnam Service Medal and the Vietnam Campaign Medal. It does not show award of the Bronze Star Medal.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. There are no available general orders showing that the applicant was awarded the Bronze Star Medal. The certificate provided by the applicant is not sufficient evidence by itself 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
________ ________ ________ 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.
_______ _ _______ ___
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) AR20090002237
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ABCMR Record of Proceedings (cont) AR20090002237
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