IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090019769
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 records to reflect award of the Bronze Star Medal (BSM).
2. The applicant states he was awarded the BSM by General Orders Number 5902, 25th Infantry Division, dated 19 August 1968, for his service in the Republic of Vietnam (RVN) as a member of the 25th Administration Company from July 1966 to April 1967.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and e-mail correspondence, dated 28 October 2009.
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 entered active duty on 12 September 1954 and retired on
30 September 1974 in the rank of lieutenant colonel. His record shows he served in the RVN during the period 9 February 1966 through 5 February 1967 in specialty 5505 (Information Officer).
3. The applicant's DD Form 214 does not show award of the BSM in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
4. Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the BSM.
5. The applicant's record is void of any documentation indicating he was recommended for or awarded the BSM.
6. The applicant's record includes Headquarters, United States Army Vietnam, General Orders Number 507, dated 1 February 1967, announcing award of the Legion of Merit (LM) for exceptionally meritorious conduct in the performance of outstanding service during the period February 1965 to January 1967.
7. The Awards and Decorations Computer Assisted Retrieval System includes a copy of Headquarters, 25th Infantry Division, General Orders Number 5902, dated 19 August 1968, announcing award of the BSM to several individuals. The applicant's name does not appear in this document.
8. Army Regulation 600-8-22 (Military Awards) states the following:
a. The LM is awarded to any member of the Armed Forces of the United States or a friendly foreign nation who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding services and achievements. This decoration may be awarded for wartime and peacetime service.
b. The BSM is awarded in time of war for heroism and for meritorious achievement or service.
c. Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to reflect award of the BSM was carefully considered and not supported by the evidence in this case.
2. There is no evidence showing the applicant was recommended for or awarded the BSM for his service in the RVN; however, his record shows he was awarded the LM for this period of service. Award of the BSM would consititute duplicate recognition. There is no basis for correcting his record to show award of the BSM.
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) AR20090019769
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