BOARD DATE:	17 June 2010  

		DOCKET NUMBER:  AR20090021610 


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 award of the Bronze Star Medal

2.  The applicant states he was a member of the 62nd Division, 984th Land Clearing Unit when they were involved in a 2 1/2 hour firefight in May 1970.  He states 15 members of his unit received the Bronze Star Medal for valor and a newspaper article lists those names, including a Soldier with the same last name as his.  He states he could not find this Soldier's name on the unit roster and feels there may have been a mix up and he should have received the medal. He states if the other Soldier was there and a justified honoree, he would like to apply for a belated medal of his own.

3.  The applicant provides copies of:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 December 1971
* a 62nd Engineer Battalion news article

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's military personnel records show he was inducted into the Army of the United States on 5 May 1969.  He then enlisted in the Regular Army on 8 May 1969 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 62B (Engineer Equipment Repairman).

3.  The applicant was assigned to the 984th Engineer Company in the Republic of Vietnam during the period 19 March 1970 to 15 February 1971.  He was promoted to specialist five/pay grade E-5 effective 27 February 1971.

4.  On 28 December 1971, the applicant was released from active duty.  He had completed 2 years, 7 months, and 21 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Bronze Star Medal.

5.  There are no orders in the applicant's military personnel record awarding him the Bronze Star Medal.

6.  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 orders awarding the applicant the Bronze Star Medal.

7.  The news article submitted by the applicant reported that 15 Bronze Star Medals for valor were awarded to members of the 984th Engineer Company, 62nd Engineer Battalion.  The article lists the names of the 15 awardees.  One Soldier had the same last name as the applicant and is identified as a specialist five.

8.  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.  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.  
9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Bronze Star Medal for actions in May 1970.  He contends the news article reporting the award of
15 Bronze Star Medals may have reported his name incorrectly.

2.  The article listing 15 Soldiers as being awarded the Bronze Star Medal for valor does include a Soldier with the same last name as the applicant.  However, the Soldier is identified as a specialist five and the applicant was not promoted to specialist five until 27 February 1971.  Nevertheless, a news article is not sufficient evidence to authorize the award of the Bronze Star Medal.

3.  There are no orders in the applicant's military record awarding him the Bronze Star Medal and there were no orders entered in ADCARS awarding him this medal.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

5.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20090021610



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ABCMR Record of Proceedings (cont)                                         AR20090021610



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