IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090008924
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his already-awarded Bronze Star Medal.
2. The applicant states, in effect, that due to an administrative error his Bronze Star Medal was not listed on his DD Form 214. He has made prior attempts to rectify this situation over the years.
3. In support of his application, the applicant provides a copy of his citation for the Bronze Star Medal.
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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 5 January 1968, for 2 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 16C (Fire Control Operator). He was promoted to the rank/grade of sergeant (SGT)/E-5 on 7 September 1969. He served in Vietnam from 4 April 1969 to 27 December 1969, with Battery G, 55th Artillery, 198th Infantry Brigade.
3. There are no orders in the applicants military personnel records that show he was awarded the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not list the Bronze Star Medal.
4. The applicant submits a copy of an undated Bronze Star Medal citation showing he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from April 1969 to December 1969.
5. The applicant was honorably released from active duty, in pay grade E-5, on 28 December 1969, as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show the Bronze Star Medal.
7. 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 pertaining to the applicant.
8. U.S. Army Republic of Vietnam (USARV) Regulation Number 672-1 (Decorations and 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. 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 provided a copy of a citation awarding him the Bronze Star Medal while he served in Vietnam; however, he provided no general orders showing he was awarded the Bronze Star Medal. A search in ADCARS was conducted which failed to reveal that orders were published awarding the applicant the Bronze Star Medal. No evidence was found in the applicant's service personnel record to show he was awarded the Bronze Star Medal; therefore, there is insufficient evidence available to support addition of the Bronze Star Medal to his DD Form 214.
2. Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders were required for award of the Bronze Star Medal. Records contain no evidence to support award of the Bronze Star Medal.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20090008924
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ABCMR Record of Proceedings (cont) AR20090008924
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