IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20090021190
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 record to show award of the Bronze Star Medal.
2. The applicant states his Bronze Star Medal was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as the result of administrative error.
3. The applicant provides a notarized copy of his DD Form 214.
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's record shows he was inducted into the Army of the United States on 20 August 1965. His military occupational specialty (MOS) was 11B (Light Weapons Infantryman). The highest rank/pay grade he attained while serving on active duty was specialist four/pay grade E-4 and that was the rank he held on the date of his separation. He was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) with an honorable characterization of service on 18 August 1967 after completing a total of 1 year, 11 months, and 29 days of active military service.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 6 February 1966 through 3 March 1967.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows during his tour of duty in the Republic of Vietnam, he was assigned to Headquarters and Headquarters Company, 502nd Infantry Regiment, for duty in MOS 11B as a rifleman and as a scout driver.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Bronze Star Medal.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal.
7. A thorough review of the applicant's available records revealed no evidence he either received or was recommended for receipt of the Bronze Star Medal.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
9. 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. Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must have been meritorious and accomplished with distinction. 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:
1. The applicant's contention that his record should be corrected to show award of the Bronze Star Medal was carefully considered.
2. A thorough review of the applicant's available records revealed no evidence that he either received or was recommended for receipt of the Bronze Star Medal.
3. A review of the ADCARS database failed to reveal any orders for the Bronze Star Medal pertaining to him.
4. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
5. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090021190
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ABCMR Record of Proceedings (cont) AR20090021190
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