IN THE CASE OF:
BOARD DATE: 24 September 2009
DOCKET NUMBER: AR20090007431
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 added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the Bronze Star Medal was awarded to him on 7 September 1970, but it is not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214; a citation for award of the Bronze Star Medal; and a certificate for award of the Bronze Star Medal in support of his application.
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 into the Army of the United States on 6 March 1969. He served in Vietnam from 17 October 1969 to 13 October 1970. His highest rank/grade attained was specialist four (SP4)/E-4.
3. The applicant provided a citation which shows he was awarded the Bronze Star Medal for meritorious service from October 1969 to October 1970. He also provided a certificate, dated 17 September 1970, for award of the Bronze Star Medal for meritorious achievement from October 1969 to October 1970.
4. There are no orders available that show the applicant was awarded the Bronze Star Medal.
5. The applicant was honorably released from active duty on 13 October 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 does not show the Bronze Star Medal as an authorized award.
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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant. Additionally, item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal.
7. United States 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. 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 he was awarded the Bronze Star Medal on 7 September 1970. Although he provided a citation and award certificate for the Bronze Star Medal, absent orders authorizing him award of the Bronze Star Medal, these documents alone are not sufficient to support correction of his records to show award of the Bronze Star Medal.
2. However, if the applicant has orders for award of the Bronze Star Medal, he is advised to provide a copy of these orders for reconsideration of his request.
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) AR20090008229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090007431
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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