IN THE CASE OF:
BOARD DATE: 26 AUGUST 2009
DOCKET NUMBER: AR20090005085
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 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal.
2. The applicant states when he returned from Vietnam he was given a citation for award of the Bronze Star Medal but when he received his DD Form 214 it was not listed. He states that for many years he has tried to forget anything related to the Vietnam War.
3. The applicant provides no additional evidence 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 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. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 25 March 1970. He was trained as a helicopter repairman and in November 1970, following completion of training, was assigned to an aviation group in Vietnam.
3. The applicant departed Vietnam in April 1972 after having been awarded two awards of the Army Commendation Medal and two awards of the Air Medal, one for valor.
4. On 30 April 1972 the applicant was released from active duty with an honorable characterization of service and the applicant authenticated his DD Form 214 which does not reflect entitlement to the Bronze Star Medal. It does, however, reflect two awards of the Army Commendation Medal and two awards of the Air Medal.
5. Item 41 (Awards and Decorations) on the applicants DA Form 20 (Enlisted Qualification Record) contains the handwritten ink entry Bronse [sic] Star but no authority for the award is recorded in the space provided for such an entry. The applicants file, which contains orders for his other personal decorations, does not contain orders confirming award of the Bronze Star Medal.
6. A 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.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, even though item 41 on the applicants DA Form 20 contains the misspelled entry of the Bronze Star Medal, there is no evidence, and the applicant has not provided any, which confirms he was in fact awarded the decoration. In the absence of such evidence confirming the handwritten entry, there is no basis to correct his DD Form 214 to show he was awarded the decoration.
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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. The applicant and all others concerned should 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.
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.
_______ _ _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) AR20090005085
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ABCMR Record of Proceedings (cont) AR20090005085
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