IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018512 


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 the Bronze Star Medal (BSM) be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states paperwork was initiated to award him the BSM but he left the Republic of Vietnam (RVN) before the award was granted.

3.  The applicant provides a self-authored statement and DD Form 214 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army of the United States on 15 November 1966.  He was awarded military occupational specialties (MOSs) 13A (Field Artillery Basic), 45F (Artillery Mechanic), and 63C (Track Vehicle Mechanic).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 April 1967 through 12 April 1968.  The BSM is not included in the list of awards contained in Item 41 (Awards and Decorations) and Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 24 May 1968. 

4.  The applicant's record is void of orders or any other documents that indicate he was recommended for or awarded the BSM by proper authority while serving on active duty.  

5.  On 14 November 1968, the applicant was honorably separated after completing 2 years of active military service.  The DD Form 214 he was issued shows he earned the following awards:  

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  There were no orders pertaining to the applicant in the ADCARS file.

7.  The applicant provides a self-authored statement in which he claims on or about 18 March 1968, while serving in the RVN as an artillery mechanic, his unit came under a heavy mortar attack and one of their guns was hit and two tracks had to be replaced.  He repaired the tracks under heavy fire so the gun could support the Marines.  He claims to have been told he would be recommended for the BSM for these actions.  However, he rotated out of the country the next month and did not pursue the BSM award.  

8.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an 
individual or a unit that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.  

10.  Under 10 USC 1130, the award request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM should be added to his DD Form 214 because he was told he was being recommended for the award has been carefully considered.  However, the evidence is not sufficient to support this claim.  

2.  The applicant's record is also void of any orders or other documents that indicate he was recommended for or awarded the BSM by proper authority while serving on active duty.  Therefore, there is insufficient evidence to support award of the BSM or adding it to his DD Form 214 at this time. 

3.  The applicant is advised that while there is not sufficient evidence for the award of the BSM, this does not preclude him from pursuing award of the BSM under the provisions of 10 USC 1130.
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)                                         AR20090018512



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018512


4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1