BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090021451 


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) and correction of his Social Security Number (SSN) on his Bronze Star Medal certificate and citation.
 
2.  The applicant states that his SSN is incorrect on his Bronze Star Medal certificate and citation.  He states the last four numbers should be "1252" not "4252."  In addition, he states this award is not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 with a separation date of 5 March 1971, Bronze Star Medal certificate and citation, and his SSN card that show the last for numbers as "1252."

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 enlisted in the Regular Army on 6 March 1968 for a 3-year period.  He completed basic combat and advanced individual training.  He was awarded military occupational specialty 94B (Cook).  The highest rank he attained was specialist six/pay grade E-6 during his enlistment period.

3.  The applicant's military personnel records show he served in the Republic of Vietnam from 31 March 1969 to 18 March 1970.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry, 11th Infantry Brigade.

4.  On 5 March 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve service obligation.  He was issued a DD Form 214 showing he was credited with 3 years of active service with 11 months and 20 days of foreign service in the Republic of Vietnam.  The last four numbers of the SSN recorded on his DD Form 214 shows "1252."

5.  Item 24 of the applicant's DD Form 214 does not show award of the Bronze Star Medal.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

7.  A comprehensive review of the applicant's available service records does not show general orders were published awarding him the Bronze Star Medal.

8.  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 announcing award of the Bronze Star Medal for the applicant.

9.  As evidence to support his application, the applicant provided copies of a Bronze Star Medal certificate and citation showing the last four numbers of his SSN were typed "4252."  The certificate states an individual with the same first and last name as the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces while serving in the Republic of Vietnam during the period March 1969 to March 1970.  The applicant did not provide a copy of a general order awarding the Bronze Star Medal with his application. 
10.  U.S. Army Vietnam Regulation 672-1 (Military 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders available in the applicant's service records or in the ADCARS index of award orders awarding the applicant the Bronze Star Medal for his service in the Republic of Vietnam.  Correction of records cannot be effected without orders announcing the award.  Therefore, without the publication of official military orders announcing this award, the applicant is not entitled to have his records corrected to show award of the Bronze Star Medal.

2.  It is acknowledged that the applicant has in his possession a Bronze Star Medal certificate and citation with an incorrect SSN.  However, without evidence to show the applicant was awarded the Bronze Star Medal, there is no basis to correct these documents.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that 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.




      _______ _   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)                                         AR20090021451



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021451



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1