IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090021467 


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 DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show he was awarded the Bronze Star Medal (BSM).

2.  The applicant states that in November 2009 the National Personnel Records Center (NPRC) authorized him the BSM.  He also states, on 11 November 2009, a Member of Congress awarded him the BSM in New Mexico.

3.  The applicant provides copies of his DD Form 214; a letter from him to a Member of Congress; the second page of General Orders 6114, Headquarters, 101st Airborne Division, dated 31 May 1969; and a statement from Mr. B____ T____, a veteran who served with the applicant in the Republic of Vietnam and whose name appears in the general orders provided by the applicant.

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 8 April 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that the applicant served in U.S. Army Pacific (USARPAC)-Vietnam during the period 2 September 1968 through 24 July 1969.

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 or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal 
* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal
* one overseas service bar

5.  A DD Form 215 (Correction to DD Form 214) issued on 8 May 1999 corrected the applicant's record to show he was awarded the Air Medal.

6.  A DD Form 215 issued on 29 December 2009 corrected the applicant's record to show he was awarded the following:

* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal Unit Citation

7.  The applicant's record is void of documentation showing he was awarded the BSM.

8.  On 29 December 2009, the U.S. Army Human Resources Command Military Awards Branch informed the applicant it was unable to locate general orders authorizing him the BSM.
9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the BSM to the applicant.

10.  ADCARS contains a copy of General Orders 6114, Headquarters, 101st Airborne Division, dated 31 May 1969.  The orders announced award of the BSM to Mr. B____ T____ and five other members of the applicant's unit.  The applicant's name does not appear on the orders.

11.  An Internet search revealed a press release on the website of the New Mexico Department of Veterans Services confirming a Member of Congress presented the BSM to the applicant on 11 November 2009.  The press release states the applicant's commander awarded him the BSM and that he had copies of paperwork [for the award] submitted by his commander.  The applicant did not provide copies of the paperwork referenced in the press release in support of his application.

12.  In his letter to a Member of Congress, the applicant stated he had been in contact with Mr. B____ T____.  He stated he and Mr. B____ T____ had gone through the same battles together and couldn't understand why he wasn't awarded the BSM also.  He stated he was providing the Congressman's office a copy of a 101st Airborne Division citation presented to him.  This document was not provided in support of the application.

13.  The applicant states the NPRC authorized him the BSM.  The record is void of documentation showing the NPRC acted on a request from the applicant pertaining to the BSM.

14.  The letter from Mr. B____ T____ provided by the applicant confirms they served in the same unit.  In his letter, Mr. B____ T____ stated he did not know if the applicant was awarded the BSM.

15.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to show award of the BSM.

2.  Although the available evidence indicates a Member of Congress presented the BSM to the applicant on 11 November 2009, the evidence of record does not show he was formally recommended for the award, that a formal recommendation was approved by the appropriate authority, or that the award was announced in orders as required.  The applicant has not provided any documentary evidence showing he received a properly-approved award of the BSM.  Regrettably, in the absence of such documentation the applicant is not entitled to correction of his DD Form 214 to show he was awarded 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)                                         AR20090021467



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ABCMR Record of Proceedings (cont)                                         AR20090021467



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