IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090021295 


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 the list of awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests the replacement of any medals/
citations he earned.

2.  The applicant states he was awarded the BSM for his Republic of Vietnam (RVN) service after his discharge, so the award does not appear on his DD Form 214.  He later lost the award in a house fire.

3.  The applicant provides a 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 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 requests the replacement of any medals/citations he earned.  
The ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, MO 63132-5200.  The NPRC will verify the awards to which a veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's record shows he was inducted into the Army of the United States and he entered active duty on 7 September 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 28 February 1967 through 27 February 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to:

* Company A, 4th Battalion, 9th Infantry, 25th Infantry Division from
6 March 1967 through 27 July 1967 performing duties in MOS 11B as a rifleman and light weapons infantryman
* Company A, 2nd Battalion, 12th Infantry, 25th Infantry Division from
28 July 1967 through 24 August 1967 performing duties in MOS 11B as a rifleman
* Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division from
25 August 1967 through 24 February 1968 performing duties in MOS 11B as a rifleman and a grenadier

5.  The applicant's Official Military Personnel File (OMPF) is void of any award orders or of any other documents that indicate he was ever recommended for or awarded the BSM by proper authority.

6.  On 6 September 1968, the applicant was honorably released from active duty (REFRAD), in the rank/grade of sergeant (SGT)/E-5, after completing a total of
2 years of active military service.  The DD Form 214 he was issued at the time shows he earned the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, 2nd Class Gunner Badge (M-60 Machine Gun) [now known as the Marksman 
Marksmanship Qualification Badge with Machinegun Bar], Marksman Marksmanship Badge with Automatic Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 3-14 contains guidance on award of the BSM and states that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  The regulation requires this award be recommended, approved by the proper authority, and announced in official orders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the BSM after his discharge for his service in the RVN and the award should be added to his DD Form 214 was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record is void of any indication that the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty.  The BSM is not included in the list of awards listed on his DA Form 20 or his DD Form 214.  Further, his OMPF is void of any orders or other documents that show he was ever recommended for, or awarded the BSM during his military service.  Further, the applicant has failed to provide any independent evidence showing he was awarded the BSM upon his discharge as he asserts.  As a result, there is an insufficient evidentiary basis to support adding the BSM to his record and DD Form 214 at this time.

3.  The applicant and all others concerned should know that this action related to award of the BSM in no way diminishes the sacrifices made by him 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)                                         AR20090021295



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ABCMR Record of Proceedings (cont)                                         AR20090021295



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