IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018373
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, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 11 November 1968 to show award of the Army Commendation Medal and the Bronze Star Medal.
2. The applicant states his DD Form 214 does not show the Presidential Commendation Medal or the Bronze Star (it appears he means the Army Commendation Medal and the Bronze Star Medal). He contends at one time he had copies of the orders for these awards.
3. The applicant provides:
* DD Form 215 (Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge))
* DD Form 214 for the period ending 26 May 1960
* DD Form 214 for the period ending 11 November 1968
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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 19 November 1965 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 9 June 1966 to 8 July 1967 and from
14 February 1968 to 11 November 1968. He was also honorably discharged on 11 November 1968.
3. The applicants DD Form 214 for the period ending 11 November 1968 does not show the Army Commendation Medal or the Bronze Star Medal as authorized awards.
4. There are no orders for the Army Commendation Medal or 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 Army Commendation Medal or 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 Army Commendation Medal or the Bronze Star Medal.
7. The applicant's service personnel records contain a letter, dated 27 July 1984, from the applicant wherein he provided an award certificate for the Bronze Star Medal for meritorious achievement during the period 14 February to 14 October 1968 in Vietnam. He also provided an award certificate and citation for the Army Commendation Medal for meritorious achievement during the period 1 March
to 31 July 1968 in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) provides 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.
9. Army Regulation 600-8-22 provides that the Army Commendation Medal 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.
DISCUSSION AND CONCLUSIONS:
There are no orders in the available records and the applicant did not provide any orders for the Army Commendation Medal or the Bronze Star Medal. In the absence of orders officially awarding him the Army Commendation Medal or the Bronze Star Medal or any other corroborating evidence, the award certificates are not sufficient alone as a basis for amending his DD Form 214 for the period ending 11 November 1968 to show these awards.
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) AR20090018373
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ABCMR Record of Proceedings (cont) AR20090018373
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