BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090013883
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 Star Medal.
2. The applicant states that he has always had the original certificate but just learned that it was not part of his records.
3. The applicant provides his DD Form 214 and a photocopy of a Bronze Star Medal certificate 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 was appointed as a Reserve Commissioned Officer of the Army, Medical Corps, in the rank of first lieutenant on 18 November 1968. He entered active duty on 14 September 1970. He was awarded the occupational specialty of radiologist, and received a temporary promotion to the rank of major.
3. The applicant's DA Form 66B (Officer Qualification Record) shows he served in Vietnam during the period 27 December 1970 to 29 August 1971.
4. The applicant was honorably released from active duty on 13 September 1972 and transferred to the US Army Reserve Control Group (Standby) after completing 2 years of creditable active service and 6 years, 2 months, and 13 days of other service.
5. Notwithstanding the photocopy of the unsigned Bronze Star Medal certificate provided by the applicant, his records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal 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.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provided a photocopy of an unsigned Bronze Star Medal certificate, he did not provide any orders for this decoration.
2. There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for this award. Therefore, without orders, there is insufficient evidence to correct the applicants DD Form 214 to show award of the Bronze Star Medal or to add this award to his DD Form 214.
3. 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.
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