IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090013069
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 two awards of the Bronze Star Medal.
2. The applicant states his DD Form 214 does not list his Bronze Star Medals for meritorious service and for valor.
3. The applicant provides no additional documentary evidence in support of this 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 military records show he enlisted in the Regular Army on 2 November 1966. He was awarded the military occupational specialty of clerk typist, and was promoted to pay grade E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 31 January 1969 to 25 October 1969.
4. The applicant was honorably released from active duty on 27 October 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 11 months, and 26 days of creditable active service with no lost time.
5. The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal for meritorious service or valor by proper authority.
6. A 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 award of the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for this award. Therefore, there is insufficient basis to award the applicant the Bronze Star Medal or to add this award to his DD Form 214.
2. 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) AR20090013069
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