BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090012900
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Start Medal and Army Commendation Medal.
2. The applicant states he received these awards in Vietnam, but they were not added to his DD Form 214.
3. The applicant provides:
a. a copy of his DD Form 214;
b. a copy of a Bronze Start Medal certificate; and
c. a copy an Army Commendation Medal citation.
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 DA Form 20 (Enlisted Qualification Record) from the applicant's records shows he enlisted in the Regular Army for 3 years on 30 January 1970. It further shows:
a. he was trained as an Aircraft Electrician Specialist, military occupational specialty (MOS) 68F, at Fort Eustis, VA;
b. he served in Vietnam from on or about 23 September 1970 to on or about 17 March 1972;
c. he served with the 147th Aviation Company until on or about 31 January 1971;
d. he served with Company B, 159th Aviation Battalion from on or about 1 February 1971 to on or about 8 February 1972;
e. he served with the 11th Combat Aviation Group from on or about 9 February 1972 to on or about 17 March 1972; and
f. no indication of award of the Bronze Start Medal or Army Commendation Medal in Item 41 (Awards and Decorations).
3. There are no orders in the applicant's records showing award of either the Bronze Star Medal or the Army Commendation Medal.
4. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. The search was conducted using the applicant's name, his social security number, and his units of assignment. This review failed to reveal any award of the Bronze Star Medal or the Army Commendation Medal orders on file for the applicant.
5. The applicant was honorably separated on 23 March 1972 at Fort Lewis, WA. His DD Form 214 shows only the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, 3 Overseas Service Bars, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar. It does not show the Bronze Star Medal or the Army Commendation Medal.
6. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part:
a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the Bronze Star Medal and Army Commendation Medal added to his DD Form 214.
2. Orders are required in order to document entitlement to personal decorations. Even though a search was conducted of ADCARS, no orders could be found to show the applicant's entitlement to either the Bronze Star Medal or the Army Commendation Medal. Certificates and citations are insufficient to establish entitlement.
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) AR20090012900
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