IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017277
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, in effect, award of the Bronze Star Medal.
2. The applicant states that in November 1970 after leaving Cambodia his platoon leader told the squad he was going to put them in for the Bronze Star but he never received it. He feels his actions during operations in Vietnam must have warranted the Bronze Star Medal.
3. The applicant provides no documentary evidence 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 enlisted in the Regular Army on 12 September 1969 for a period of 3 years. He served as a light weapons infantryman in Vietnam from
14 March 1970 to 19 February 1971 and was released from active duty on
17 March 1972.
3. The applicants DD Form 214 (Report of Transfer or Discharge) does not show the Bronze Star Medal as an authorized award.
4. There are no orders for the Bronze Star Medal in the available records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.
7. The applicant's service personnel records contain a letter, dated 27 March 1989, from the Chief, Military Awards Branch to a Member of Congress regarding his entitlement to an award of the Bronze Star Medal. The letter states, in pertinent part, that officials at the Total Army Personnel Command (PERSCOM) reviewed his official military personnel file and found no indication that he had been recommended for or awarded the Bronze Star Medal. PERSCOM officials also searched the military award case files for the 1st Cavalry Division at the Washington National Records Center in Suitland, Maryland.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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:
There are no orders for the Bronze Star Medal in the available records. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.
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) AR20090017277
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ABCMR Record of Proceedings (cont) AR20090017277
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