IN THE CASE OF:	

		BOARD DATE:	22 September 2009  

		DOCKET NUMBER:  AR20090008447 


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 records be corrected by adding the Bronze Star Medal.

2.  The applicant states, in effect, that during the spring of 1968, he and two other Soldiers lost communications with the Fire Direction Center (FDC) while the compound was under attack.  He states that they ran a land line wire from the FDC to the guns enabling them to repel the attack and after an investigation of the incident, the S-3 officer, Major M, told them that they would be awarded the Bronze Star Medal.  He adds that shortly afterwards he left for his next duty station in Germany.  

3.  The applicant states that on 8 July 1969, he was given an achievement award by the 210th Group Commander, Colonel S, and he was told he was finally going to receive the Bronze Star Medal.  He adds that the group commander passed away and he never received the honor and assumed it would be on his DD Form 214.  He concludes that he is only asking for something two officers told him he was awarded.

4.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a Certificate of Achievement and two letters of commendation 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 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 enlisted in the Regular Army on 20 July 1966 and after completion of initial entry training he was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).  He served in Vietnam from 23 March 1967 to 22 March 1968 and in Germany from 10 May 1968 to 8 July 1970.  He was honorably released from active duty on 10 July 1970.

3.  The applicant's DD Form 214 does not show the Bronze Star Medal as an authorized award.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal as an authorized award.

5.  There are no orders or any other documents in the applicant's available records which show he was awarded or recommended for award of the Bronze Star Medal.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Bronze Star Medal.

7.  The applicant provided a Certificate of Achievement and two letters of commendation which attest to his successful military service.

8.  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 could be 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.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention and all available evidence have been carefully reviewed.  Unfortunately, there is no evidence which shows the applicant was awarded or recommended for award of the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base correcting the applicant's records by adding the Bronze Star Medal.

2.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant's right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20090008447



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008447



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1