IN THE CASE OF:
BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090004665
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 the Bronze Star Medal be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge).
2. The applicant states, in effect, that the Bronze Star Medal should be listed in item 24 of his DD Form 214.
3. The applicant indicated "see attached orders"; however, no award order was attached to the applicant's application. The only document presented by the applicant was his DD Form 214 with a separation date of 21 February 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 in the Regular Army (RA) on 19 July 1967 for a 3-year period of service. He successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's military personnel record shows that he served in the Republic of Vietnam (RVN) from 17 February 1968 to 18 February 1970, assigned to Company A, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade and further assigned to Headquarters and Headquarters Detachment, 173rd Support Battalion.
4. On 21 February 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He was issued a DD Form 214 that shows he was credited with 2 years, 7 months, and 3 days of active service of which he served 2 years and 4 days of foreign service.
5. Item 24 of the applicant's DD Form 214 does not show award of the Bronze Star Medal.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.
7. A comprehensive review of the applicant's available military personnel file does not show that orders were published awarding him 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 pertaining to the applicant.
9. U.S. 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.
DISCUSSION AND CONCLUSIONS:
There are no orders available in the applicant's official military personnel file or in the ADCARS index of award orders awarding the applicant the Bronze Star Medal for his service in the RVN. Therefore, without the publication of official military orders announcing this award, the applicant is not entitled to have his records corrected to show award of the Bronze Star Medal.
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.
___________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) AR20090004665
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