IN THE CASE OF:	  

		BOARD DATE:	        9 September 2009

		DOCKET NUMBER:  AR20090006224 


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 and the Army Commendation Medal.

2.  The applicant states that the awards were left off his DD Form 214 due to an administrative error.  

3.  The applicant provides a copy of his DD Form 214, dated 19 June 1968; a copy of a certificate and citation, dated 6 September 1968, showing award of the Army Commendation Medal; and a copy of a certificate and citation, dated 27 October 1968, showing award of the Bronze Star Medal 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 service on 21 April 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).  In October 1967, he volunteered to continue on active duty as a U. S. Army Reservist for 2 months.  He was honorably released from active duty on 19 June 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

3.  The applicant’s records show that he served in the Republic of Vietnam from on or about 3 December 1967 to on or about 15 June 1968.  He was assigned to Company C, 1st Battalion (Airborne), 506th Infantry Regiment. 

4.  Item 24 (Decorations, Medals, Badges, Commendation, 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, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the "Rifle Badge."  Item 24 does not show award of the Bronze Star Medal and/or the Army Commendation Medal. 

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal and/or the Army Commendation Medal.

6.  The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal and/or the Army Commendation Medal.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal and/or Army Commendation Medal orders on file for the applicant.  

8.  The applicant submitted copies of two certificates and citations as follows:

	a.  a copy of a certificate and citation, dated 6 September 1968, that show he was awarded the Army Commendation Medal for exceptionally meritorious achievement during the period 1 March 1968 to 31 July 1968; and

	b.  a copy of a certificate and citation, dated 27 October 1968, that show he was awarded the Bronze Star Medal meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 3 December 1967 to 10 May 1968. 

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 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Bronze Star Medal and/or the Army Commendation Medal.  The governing Army regulation requires the announcement of personal decorations in orders. Notwithstanding the certificates and citations provided by the applicant, in the absence of the orders announcing the awards, regrettably there is insufficient evidence to list the requested awards on his DD Form 214.

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)                                         AR20090006224



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ABCMR Record of Proceedings (cont)                                         AR20090006224



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