IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090011086
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 the Bronze Star Medal (BSM) be added to the list of awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, he was awarded the BSM while serving in the Republic of Vietnam (RVN) and this award is not listed on his DD Form 214.
3. The applicant provides no documentary evidence in support of his 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 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 record shows he was commissioned a second lieutenant (2LT) in the United States Army Reserve (USAR) on 5 August 1966, and he entered active duty in that status on 11 October 1966.
3. The applicant's DA Form 66 (Officer Qualification Record) shows he served in the RVN from 17 October 1967 through 28 September 1968. Item 18 (Record of Assignments) shows that during his RVN tour, he was assigned to the
44th Signal Battalion, performing duties in Specialties 0221 (Communications Section Leader) and 0410 (Communications Platoon Leader).
4. Item 21 of the applicant's DA Form 66 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) and RVN Campaign Medal (RVNCM) with Device 1960 during his tenure on active duty.
5. The applicant's Official Military Personnel File (OMPF) is void of any award orders or of any other documents that indicate he was ever recommended for or awarded the BSM by proper authority.
6. On 30 September 1968, the applicant was honorably released from active duty (REFRAD), in the rank of first lieutenant, after completing a total of 1 year, 11 months, and 20 days of active military service. The DD Form 214 he was issued at the time shows he earned the NDSM, VSM and RVNCM during his active duty tenure.
7. The applicant continued to serve in the USAR until 26 October 1972, at which time he was honorably discharged, by reason of resignation.
8. 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 BSM pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. The regulation requires this award be recommended, approved by the proper authority, and announced in official orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the BSM in the RVN and it should be added to his DD Form 214 was carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record is void of any indication that the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty. The BSM is not included in the list of awards listed on his DA Form 66 or his DD Form 214. Further, his OMPF is void of any orders or other documents that show he was ever recommended for, or awarded the BSM during his military service. Further, the applicant has failed to provide any independent evidence showing he was awarded the BSM while serving in the RVN as he asserts. As a result, there is an insufficient evidentiary basis to support adding the BSM to his record and DD Form 214 at this time.
3. The applicant and all others concerned should know that this action related to award of the BSM in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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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