IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008474 


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.

2.  The applicant states, in effect, he was not even aware that he was awarded the Bronze Star Medal until he received a copy of his records from the US Army Human Resources Command, St. Louis, MO in June 2007.  His records contained a copy of a Bronze Star Medal citation for distinguished service in the Republic of Vietnam during the period October 1970 to September 1971 while serving the Capital Military Advisory Team, US Army Military Assistance Command – Vietnam (MACV).  He does not know why the award is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 3 October 1971, and a copy of an unsigned/undated citation 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 two periods of service.  He was inducted into the Army of the United States and he served for 2 years from 3 November 1965 to 2 November 1967.  He did not serve in Vietnam during this period of service. 

3.  The applicant enlisted in the Regular Army (RA) for 4 years on 21 November 1967 and he served until he was honorably separated on 3 October 1971.  During this period of service, he served overseas in the following locations:

	a.  in Germany from on or about 13 December 1967 to on or about 9 August 1968; 

	b.  in the Republic of Vietnam from on or about 3 April 1969 to on or about
2 April 1970 with the 278th Signal Company, 43rd Signal Battalion; and 

	c.  in the Republic of Vietnam from on or about 5 October 1970 to on or about 4 October 1971 with the Capital Military Assistance Team (CMAT), MACV.

4.  Item 24 of the applicant’s DD Form 214 for his RA service shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.  Item 24 does not show award of the Bronze Star Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows General Orders Number 3830, Headquarters, MACV, dated 7 September 1971 awarded the applicant the Army Commendation Medal for meritorious service during the period from October 1970 to September 1971.

6.  During the processing of this case, a member of the Board’s 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 orders on file for the applicant.  

7.  The applicant submitted a copy of an unsigned/undated citation that shows he was recommended for award of the Bronze Star Medal for meritorious service during the period from October 1970 to September 1971.  

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  award submissions are made via DA Form 638 (Recommendation for Awards) through the chain of command to the appropriate approval authority, who may approve the recommendation, deny the recommendation, or downgrade the recommendation and approve a lesser award;

	b.  the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years; and

	c.  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 he was awarded the Bronze Star Medal during his second tour in Vietnam, but it was not added to his DD Form 214.  He bases his contention on an undated, unsigned citation which was in his records.

2.  The applicant’s undated, unsigned Bronze Star Medal citation cites his duty performance with MACV from October 1970 to September 1971.  There is no other evidence to support his entitlement to this award.  However, the applicant’s records contain orders awarding him the Army Commendation Medal for his duty performance with MACV during the exact same period as the unsigned, undated Bronze Star Medal citation.  

3.  It appears that as the applicant’s DA Form 638 went up the chain of command, one or more persons in the chain of command may have recommended that the Bronze Star Medal be downgraded to the Army Commendation Medal.  The approving authority then approved the Army Commendation Medal which was awarded and annotated on the applicant’s DD Form 214.  The proposed citation for award of Bronze Star Medal may have been erroneously left in the applicant’s records. 

4.  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 this requirement.

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)                                         AR20090008474



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ABCMR Record of Proceedings (cont)                                         AR20090008474



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