IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013587
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM).
2. The applicant states, in effect, that he was issued a BSM with no explanation and the ARCOM with papers after he arrived at home.
3. The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States on 14 November 1966. He served in Vietnam from 4 December 1967 to on or about 2 November 1968. His highest grade attained was sergeant, E-5.
3. There is no evidence of record which shows the applicant was recommended for or awarded the ARCOM. His service personnel records do not contain orders for award of the ARCOM.
4. The applicants service personnel records contain a citation and award certificate which show the BSM was awarded to the applicant for meritorious achievement from 1 January 1968 to 31 August 1968. There are no orders available which show the BSM was awarded to the applicant.
5. 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 ARCOM or BSM pertaining to the applicant. Additionally, item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the ARCOM or BSM.
6. The applicant was released from active duty on 6 November 1968. His DD Form 214 does not show the ARCOM or the BSM as authorized awards.
7. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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.
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. 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 contends that he was sent a BSM and an ARCOM; however, there is insufficient evidence to support his claim.
2. There is no evidence of record which shows the applicant was recommended for or awarded the ARCOM. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the ARCOM.
3. Although the applicants service personnel record contains a citation and award certificate for the BSM, absent orders authorizing him award of the BSM, these documents alone are not sufficient to support correction of his records to show award of the BSM.
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) AR20090013587
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