IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090019636
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 the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Bronze Star Medal, but it was not entered on his DD Form 214.
3. The applicant provides a copy the DD Form 214 and a copy of the Bronze Star Medal Award Certificate.
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 was inducted into the Army of the United States on 10 July 1968. He was honorably discharged on 14 July 1968 and immediately enlisted in the Regular Army on 15 July 1968. He completed infantry training and was awarded military occupational specialty 68C (Engine Repairman).
3. A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) the applicant served two tours in the Republic of Vietnam (RVN) during the periods 10 December 1968 through 9 December 1969 and 30 May 1970 through 29 May 1971. The applicant was honorably released from active duty on 6 May 1971 at his expiration of term of service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal (2d Award).
5. The applicant provided an award certificate which shows he was awarded the Bronze Star Medal on 29 June 1971 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from May 1970 to May 1971.
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 award of the Bronze Star Medal for the applicant.
7. U.S. Army Vietnam Regulation 672-1 (Decorations and 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.
8. There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
The applicant provided a copy of the award certificate for the Bronze Star Medal. Unfortunately, absent orders authorizing him award of or evidence to show he was recommended for the Bronze Star Medal, this document alone is not sufficient to support correction of his records to show award of the Bronze Star Medal.
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) AR20090019636
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ABCMR Record of Proceedings (cont) AR20090019636
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