BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090010417
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Bronze Star Medal (BSM) for valor.
2. The applicant states that he was awarded the BSM for valor for action on 29 and 30 May 1969. He was later recommended for an Army Commendation Medal (ARCOM) and his BSM for valor was mentioned in that award recommendation.
3. The applicant provides a U.S. Army Vietnam Form 157-R in which an individual (with a totally different first name than the applicant, a last name which resembles, but is not the same as, the applicant's last name, and who has a different social security number than the applicant) was recommended for the ARCOM for service. In that recommendation it was recorded that the individual had previously been awarded the BSM for valor.
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 that he was inducted into the Army of the United States on 2 May 1968, was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 11 April 1969 to 4 October 1969, and was promoted through the ranks to pay grade E-5.
3. The applicant was honorably released from active duty on 1 May 1970. The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and Purple Heart.
4. The applicant's DA Form 20 (Enlisted Qualification Record) does not show the he was awarded the BSM for valor.
5. The applicant's records do not contain orders or an award recommendation for the BSM for valor.
6. The Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for awarding the applicant the BSM for valor.
7. Army Regulation 600-8-22 (Military Awards) provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and, when awarded with the BSM, denoted the award was made for heroism as opposed to service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. A search of all available records failed to validate the applicant's entitlement to award of the BSM for valor. As such, there is no documentation to show the applicant was recommended for, or awarded, the BSM for valor.
2. The ARCOM award recommendation was for another individual and not the applicant. As such, that award recommendation has no bearing on this case.
3. As such, there is insufficient evidence with which to grant 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.
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