IN THE CASE OF:
BOARD DATE: 21 JULY 2009
DOCKET NUMBER: AR20090002575
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 that the Bronze Star Medal he received in Vietnam be entered on his DD Form 214 (Report of Separation From Active Duty) with an effective date of 7 May 1969.
2. The applicant states he wants the Bronze Star Medal he was awarded in Vietnam entered on his DD Form 214.
3. The applicant provides, in support of his application, copies of a Standard Form (SF) 180 (Request Pertaining to Military Records), and a statement from Tank Automotive Command (TACOM), Integrated Materiel Management Center (IMMC), Philadelphia, PA.
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 applicant's military personnel records show he was inducted on 8 May 1967. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11F (Infantry Operations and Intelligence Specialist).
3. The applicant was assigned to the 1st Battalion, 8th Infantry, 4th Infantry Division in the Republic of Vietnam during the period from 16 October 1967 to
5 October 1968.
4. 4th Infantry Division General Orders Number 4827, dated 13 September 1968, awarded the applicant, among others, the Army Commendation Medal for meritorious service during the period from October 1967 to October 1968 in the Republic of Vietnam.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was awarded the Bronze Star Medal.
6. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) for the award of the Bronze Star Medal.
7. On 7 May 1969, the applicant was released from active duty. He had completed 2 years of active service that was characterized as honorable.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show the applicant was awarded the Bronze Star Medal.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) 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 for the Bronze Star Medal.
9. On 12 February 2009, the applicant submitted a SF 180 requesting the Bronze Star Medal he was awarded.
10. An undated statement from TACOM, IMMC provided the applicant a list of nine awards that were being shipped to him. Among this list of awards is the Bronze Star Medal. However, the documentation used to verify entitlement to the awards indicated on the statement (including the Bronze Star Medal) was not included.
11. 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. Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must however must have been meritorious and accomplished with distinction. 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 contends that he was awarded the Bronze Star Medal in the Republic of Vietnam. There are no orders or official documentation in his MPRJ that show he was awarded a Bronze Star Medal. Therefore, there is insufficient evidence to add the Bronze Star Medal to the applicant's DD Form 214. However, it is noted he was awarded the Army Commendation Medal for meritorious service during the period he was in the Republic of Vietnam.
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. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20090002575
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