IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090003584 


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 that he received a DA Form 1577 (Authorization for Issuance of Awards) on 15 November 1984 that shows he was authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214, dated 3 September 1970; a copy of his DD Form 215 (Correction to DD Form 214), dated 3 February 2009; and a copy of DA Form 1577, dated 15 November 1984, 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 3 December 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 3 September 1970.

3.  The applicant’s records show that he served in the Republic of Vietnam from on or about 12 May 1969 to on or about 2 September 1970.  He was assigned to Company A, 2nd Battalion, 505th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, 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, and the Republic of Vietnam Campaign Medal with Device (1960).  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.  On 3 February 2009, the applicant was issued a DD Form 215 that added award of the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant submitted a copy of a DA Form 1577, dated 15 November 1984, that shows he was he was authorized award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.

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.  Army Regulation 600-8-22 further provides, in pertinent part, that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II (WWII).

11.  Title 10 of the U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 his DD Form 214 should be corrected to show award of the Bronze Star Medal.

2.  There is no evidence in the available records of award of the Bronze Star Medal other than the DA Form 1577 submitted by the applicant which erroneously indicated his entitlement to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.

3.  It is noted that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.  However, there is no indication that the applicant served during WWII.

4.  With respect to the discrepancy between the DA Form 1577 and the applicant's DD Form 214, the latter is an official Department of Defense document and is the official record of the applicant's military service.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required for award of the Bronze Star Medal.  In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal.

5.  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.



      ____________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)                                         AR20090003584



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ABCMR Record of Proceedings (cont)                                         AR20090003584



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