IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090016891
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 his unit awarded him the Bronze Star Medal at the time he was being processed for return from Vietnam to the United States. He states he was issued a Bronze Star Medal certificate but the DA Form 137 (Installation Clearance Record) shows he was not awarded the medal.
3. The applicant provides a copy of his DD Form 214; a certificate for award of the Bronze Star Medal; and a DA Form 137 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 26 September 1968. He completed infantry training and served in Vietnam from 3 October 1969 to 28 September 1970. His highest rank/grade attained was sergeant (SGT)/E-5.
3. The applicant provided a certificate, dated 23 September 1970, for award of the Bronze Star Medal for meritorious achievement during the period October 1969 to September 1970 in the Republic of Vietnam.
4. The applicants DA Form 137, dated 23 September, 1970, shows he was recommended for award of the Bronze Star Medal but he was not presented this award.
5. The applicant was honorably released from active duty on 28 September 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 does not show the Bronze Star Medal as an authorized award.
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 for the Bronze Star Medal pertaining to the applicant. Additionally, item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal.
7. 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 his unit awarded him the Bronze Star Medal while he was being processed for return to the United States. Although he provided a
DA Form 137 indicating he was recommended for award of the Bronze Star Medal and he provided a copy of an award certificate for the award, absent orders authorizing him award of the Bronze Star Medal, this document alone is not sufficient in itself to support correction of his records to show this award. Therefore, there is insufficient evidence to correct his records to show this award.
2. However, if the applicant has official orders awarding him the Bronze Star Medal, he is advised to provide a copy of these orders for reconsideration by his Board.
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) AR20090016891
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ABCMR Record of Proceedings (cont) AR20090016891
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