Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012140
Original file (20090012140.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    3 December 2009

		DOCKET NUMBER:  AR20090012140 


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 correction of his records to show that he was awarded the Bronze Star Medal.

2.  The applicant states that he received a Bronze Star Medal in the mail 3 months after his release from active duty.  He states that this information should be reflected in his record; however his record does not show award of the Bronze Star Medal or a statement reflecting his duty in Vietnam.  He states that he is very proud of his award and that he wants all to see that he is proud.  

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) and a hand written letter from his father, dated 9 July 2009, indicating the applicant received the Bronze Star Medal.

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.  On 15 October 1968, the applicant enlisted in the Regular Army in Minneapolis, Minnesota, for 3 years, in the pay grade of E-1.  He successfully completed his training as a wheel vehicle mechanic, and he was transferred to Vietnam on 29 January 1970.  Specialist five/pay grade E-5 was the highest rank that he achieved. 

3.  The applicant returned to the Continental United States on 17 May 1971.  On 20 May 1971, he was honorably released under the provisions of Army Regulation 635-200, chapter 5, due to the early separation of an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

4.  The DD Form 214 that he was issued shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

5.  There are no documents contained in the applicant’s official military personnel file (OMPF) showing that orders were ever published awarding him the Bronze Star Medal while he was in the Army. 

6.  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 awarding the applicant the Bronze Star Medal.

7.  The applicant submits a letter from his father, dated 9 July 2009, stating that in August 1971 he (the applicant) received "papers from the government" awarding him the Bronze Star Medal.

8.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show that he was awarded the Bronze Star Medal.




2.  The applicant’s contentions and the letter that he submitted from his father were considered.  However, they are not sufficiently mitigating to amend his records to show he was awarded the Bronze Star Medal.

3.  There is no evidence in his OMPF that shows that orders were ever published awarding him the Bronze Star Medal.  A Review of ADCARS failed to reveal any published orders for the Bronze Star Medal pertaining to the applicant.  Therefore, it would not be appropriate to amend his record to show that he was awarded the Bronze Star Medal.

4.  In order to justify correction of a military record the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting 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.

ABCMR Record of Proceedings (cont)                                         AR20090012140



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012140



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090003436

    Original file (20090003436.txt) Auto-classification: Denied

    The applicant provides copies of his DD Form 214, dated 13 April 1971; General Orders Number 10342, dated 19 October 1970; a Bronze Star Medal certificate, dated 19 October 1970; a Bronze Star Medal certificate, dated 19 April 1971; and a letter from the U.S. Army Reserve Components Personnel and Administration Center, dated 5 December 1972. There are no orders in the applicant's military personnel service records awarding him the Bronze Star Medal with First Oak Leaf Cluster. The second...

  • ARMY | BCMR | CY2012 | 20120003622

    Original file (20120003622 .txt) Auto-classification: Approved

    There are no orders contained in the applicant's official military records showing he was awarded a second Bronze Star Medal. There is no evidence in the available record and the applicant has not submitted any evidence showing he was awarded a second Bronze Star Medal for service while assigned to Company K, 75th Airborne Ranger Battalion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the...

  • ARMY | BCMR | CY2009 | 20090021451

    Original file (20090021451.txt) Auto-classification: Denied

    There are no orders available in the applicant's service records or in the ADCARS index of award orders awarding the applicant the Bronze Star Medal for his service in the Republic of Vietnam. Therefore, without the publication of official military orders announcing this award, the applicant is not entitled to have his records corrected to show award of the Bronze Star Medal. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...

  • ARMY | BCMR | CY2009 | 20090000782

    Original file (20090000782.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM). No evidence was found either in his service personnel record or in the ADCARS data base to support addition of the Bronze Star Medal to the applicant's DD Form 214. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...

  • ARMY | BCMR | CY2008 | 20080018797

    Original file (20080018797.txt) Auto-classification: Denied

    The applicant provides in support of her application, a copy of the FSM's Certificate of Death; a photograph of a Distinguished Flying Cross; a newspaper article dated 7 April 1971, indicating that the FSM was awarded the Distinguished Flying Cross; a copy of an undated newspaper article referencing his Army service; a copy of a Vietnam Helicopter Pilots Association (VHPA) Members listing; a copy of the FSM's Identification and Privilege Card; copies of the FSM's DD Forms 214; and a Personal...

  • ARMY | BCMR | CY2009 | 20090004665

    Original file (20090004665.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Therefore, without the publication of official military orders announcing this award, the applicant is not entitled to have his records corrected to show award of the Bronze Star Medal. 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.

  • ARMY | BCMR | CY2008 | 20080019824

    Original file (20080019824.txt) Auto-classification: Approved

    There is no evidence in the available records to show that the FSM was ever awarded more than one Purple Heart. A review of the FSM's official records shows that in addition to the awards listed on his DD Form 214 at the time of his retirement, he was also awarded the CIB, the Purple Heart, the Korean Service Medal (KSM), the United Nations Service Medal (UNSM), the Army of Occupation Medal with Germany Clasp, and the National Defense Service Medal (NDSM) with one oak leaf cluster. The...

  • ARMY | BCMR | CY2008 | 20080017185

    Original file (20080017185.txt) Auto-classification: Approved

    The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Purple Heart. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...

  • ARMY | BCMR | CY2010 | 20100019127

    Original file (20100019127.txt) Auto-classification: Approved

    The applicant requests his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). On 30 October 1971, he was transferred to Company A, 3d Battalion 187th Infantry Regiment, and he remained with that unit until he departed Vietnam on 1 December 1971 for assignment to Fort Hood, Texas. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his awards of...

  • ARMY | BCMR | CY2009 | 20090006899

    Original file (20090006899.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 10 SEPTEMBER 2009 DOCKET NUMBER: AR20090006899 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Further review of the ADCARS shows that Headquarters, United States Army Vietnam, General Orders Number 790, dated 30 March 1970, awarded the applicant the Army Commendation Medal for meritorious service while in the Republic of Vietnam from May 1968 to April 1970. General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm...