BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090003869
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 be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he received the Bronze Star Medal in Vietnam for the period ending May 1970.
3. The applicant provides, in support of his request, his DD Form 214 and the certificate and citation for the Bronze Star Medal for the period from May 1969 to May 1970.
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 enlisted on 19 August 1968. He completed advanced individual training as a light weapons infantryman in military occupational specialty (MOS) 11B. He also completed training in MOS 11F2D as an infantry operations and intelligence specialist with a special qualification identifier as an infantry scout dog handler. He was advanced to pay grade E-3 in February 1969 and reassigned to Vietnam in April 1969.
3. He served with the 43rd Scout Dog Platoon, assigned to the 9th Infantry Division from 18 June to 8 August 1969, when the platoon was transferred to the 1st Brigade, 5th Infantry Division.
4. The applicant was awarded the Combat Infantryman Badge on 19 January 1970.
5. He returned to the United States and he was honorably released from active duty on 12 April 1970. He was then transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) also does not show award of the Bronze Star Medal.
8. The Bronze Star Medal certificate and citation, submitted by the applicant, indicate that he was awarded this decoration for the period from May 1969 to May 1970.
9. 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 pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war or armed conflict for heroism or
meritorious achievement or service to individuals who distinguish themselves by
heroic or meritorious achievement or service, not involving participation in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he received the Bronze Star Medal in Vietnam for the period ending May 1970.
2. Unfortunately, there is no evidence of record showing the applicant was recommended for or orders showing he was awarded the Bronze Star Medal. In the absence of evidence that orders were issued or other corroborating evidence of record, there is no basis for granting the applicant's requested relief.
3. In view of the foregoing, it is appropriate to deny the applicant's case at this time. Perhaps he can rectify the situation by locating a copy of the orders.
4. Nevertheless, the applicant and all others should know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090003869
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