IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090009043
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 26 November 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Silver Star, Purple Heart (1st Oak Leaf Cluster), and Bronze Star Medal (BSM).
2. The applicant states that he received the letters and the medals for these awards.
3. The applicant provides a copy of his DD Form 214, Silver Star orders, Purple Heart Certificate, and a Vietnam Combat Certificate.
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 has requested that the award of the Silver Star and the Purple Heart (1st Oak Leaf Cluster) be added to his 26 November 1969 DD Form 214. A review of the applicant's military record shows that on 13 February 1987 he was issued a DD Form 215 (Correction to DD Form 214) which added the award of the Silver Star and the Purple Heart (1st Oak Leaf Cluster) to his DD Form 214. Based on this information, the applicants request to have these awards added to his DD Form 214 will not be discussed further. A copy of the DD Form 214 will be provided to him.
3. The applicants record shows he was inducted into the Army of the United States on 28 November 1967. He was honorably released from active duty on 26 November 1969.
4. The certificate provided by the applicant verifies his outstanding service while assigned to Company D, 1st Battalion, 5th Cavalry, Vietnam. However, the certificate does not show that the applicant was awarded the BSM.
5. Entries on the applicants DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), show the following awards: Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two overseas service bars, Marksman Marksmanship Qualification Badge (M-14), and Air Medal. Additionally, his DD Form 215 shows the award of the Silver Star and the Purple Heart (1st Oak Leaf Cluster). The BSM is not shown on the applicants DD Form 214 or his DD Form 215.
6. There are no orders in the applicants service personnel records that show he was awarded the BSM.
7. There is no entry in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the BSM.
8. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed; however, this review failed to show any orders were published authorizing award of the BSM to the applicant.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the BSM may have been awarded for heroism, meritorious achievement, or meritorious 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's contention that he was awarded the BSM is acknowledged; however, the applicant provided no orders showing he was awarded the BSM. No evidence was found in his service personnel record or in the ADCARS data base to support addition of the BSM to the applicant's DD Form 214.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicants 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) AR20090009043
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