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 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. 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 applicants 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 applicants 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 applicants 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
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