IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090010035
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 to reflect his award of the Bronze Star Medal (BSM).
2. The applicant states that he was presented with the medal while on active duty but it was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army in New Orleans, Louisiana on
15 July 1968 for a period of 2 years. He completed all of his training at Fort Polk, Louisiana and was awarded the military occupational specialty of 11B10 (Light weapons Infantryman).
3. On 6 December 1968, he was transferred to Vietnam and was initially assigned to the 589th Engineer Battalion for duty as a forklift and tractor operator. He was advanced to the pay grade of E-4 on 18 March 1969.
4. On 18 May 1969, he was transferred to Company D, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade for duty as an automatic rifleman. He was promoted to the pay grade of E-5 on 19 September 1969.
5. He departed Vietnam on 7 December 1969 and was transferred to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) 14 July 1970, due to the expiration of his term of service. He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.
6. A review of his Official Military Personnel Records failed to show any indication that the applicant had been awarded the BSM. Additionally, a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to show that the applicant was awarded any individual awards during his tour in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the BSM for his service in Vietnam is not in doubt, his records do not contain and he has not provided evidence to show that such was the case.
2. Therefore, in the absence of orders or other sufficiently compelling evidence to show that he was in fact awarded the BSM, there appears to be no basis to grant his request at this time.
3. 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:
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) AR20090010035
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ABCMR Record of Proceedings (cont) AR20090010035
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