IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090004675
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his completion of the Lightning Combat Leadership Course and the award of the Bronze Star Medal (BSM).
2. The applicant states that his records should reflect his completion of the Lightning Combat Leadership Course and the award of the BSM because he was told that he was being recommended for the BSM and he never received it.
3. The applicant provides a Certificate of Training for successful completion of the Lightning Combat Leaders Course in the Republic of Vietnam from 1 July 1967 to 9 July 1967.
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 was inducted on 15 February 1966. He completed his basic and advanced individual training as an armor crewman at Fort Hood, Texas, and was transferred to Germany for assignment to an armor company as a tank driver. He was advanced to the pay grade of E-4 on 20 January 1967 and he volunteered for assignment to Vietnam.
3. He was transferred to Vietnam on 21 April 1967 and was assigned to Troop B, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division. He attended the Lightning Combat Leaders Course during the period of 1 July 1967 to 9 July 1967.
4. The applicant was wounded in action against the enemy on 26 July 1967. He was subsequently medically evacuated to Japan and then to Walter Reed Army Medical Center in Washington, DC, where he remained until he was honorably released from active duty on 16 January 1968. He had served 1 year, 11 months, and 2 days of total active service and was awarded the Purple Heart, the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, and the Combat Infantryman Badge.
5. A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to contain an order awarding the applicant the BSM.
6. A review of the applicant's official military personnel file failed to show any evidence to suggest that the applicant was recommended for award of the BSM.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time, provides, in pertinent part, that military training courses successfully completed during the period covered by the DD Form 214 will be entered in item 25 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to reflect his attendance at the combat leaders course and the award of the BSM has been noted and appears to have some merit.
2. The applicant attended and completed the Lightning Combat Leaders Course and thus is authorized to have that course added to item 25 of his DD Form 214.
3. The applicant contends that he should be awarded the BSM because he was told that he was recommended for the award. However, the applicant has failed to show through the evidence submitted with his application and the evidence of record, that such was the case.
4. Therefore, in the absence of evidence to show that he was either recommended for or was awarded the BSM, there appears to be no basis to add that award to his records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 25 of his DD Form 214 that he completed the Lightning Combat Leaders Course.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the award of the BSM to his records.
____________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) AR20090004675
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ABCMR Record of Proceedings (cont) AR20090004675
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