IN THE CASE OF:	

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009253 


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, that his military records be corrected to show award of the Bronze Star Medal and a second Army Commendation Medal.

2.  The applicant essentially states that a typhoon hit Vietnam in late September or early November 1971 and he believes some of his military records were lost as a result.  He also contends that he has some records showing that he was awarded a second Army Commendation Medal, but nothing for the Bronze Star Medal.

3.  The applicant provides certificates and citations for two awards of the Army Commendation Medal in support of this 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's military records show that he was inducted into the Army of the United States on 10 June 1970.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 27 October 1970 and was ultimately assigned to Company A, 1st Battalion, 52nd Infantry Regiment.  He returned to the continental United States on 26 October 1971 and was stationed at Fort Hood, Texas, until he was honorably released from active duty on 14 January 1972.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Combat Infantryman Badge, the Army Commendation Medal, the Air Medal with First Oak Leaf Cluster, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal or a second Army Commendation Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show that he was awarded the Bronze Star Medal or a second Army Commendation Medal.  There are no general orders in the applicant’s military records which awarded him the Bronze Star Medal or a second Army Commendation Medal and a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Bronze Star Medal or a second Army Commendation Medal.

4.  The applicant provided a certificate and citation which awarded him the Army Commendation Medal for the period 1 November 1970 to 30 April 1971 which are corroborated by Headquarters, 23rd Infantry Division General Orders Number 07010, dated 22 June 1971.  He also provided a certificate and citation which appear to show that he was awarded a second Army Commendation Medal for the period 1 October 1970 to 31 August 1971, but there are no orders to corroborate these documents.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent 


party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

6.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Bronze Star Medal and a second Army Commendation Medal.

2.  The evidence provided by the applicant in the form of two Army Commendation Medal certificates and accompanying citations was carefully considered.  However, the certificate and citation which appear to have awarded him a second Army Commendation Medal is not corroborated by any information in the available military records.  The fact that the applicant is in possession of two Army Commendation Medal certificates and accompanying citations was noted; however, possession of certificates and citations does not automatically entitle the applicant to those awards.  All awards of personnel decorations, including the Bronze Star Medal and the Army Commendation Medal, must be announced in official orders to validate those awards.  Regrettably, absent orders which officially awarded him the Bronze Star Medal and a second Army Commendation Medal, there is insufficient basis upon which to correct his military records to show these awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x_____  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090009253



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ABCMR Record of Proceedings (cont)                                         AR20090009253



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