IN THE CASE OF:
BOARD DATE: 30 APRIL 2009
DOCKET NUMBER: AR20090001181
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, in effect, the award of the Bronze Star Medal.
2. The applicant states that he received the citation but it was never added to his records.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a citation awarding him the Bronze Star Medal in support of this application.
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 that he was inducted into the Army of the United States and entered active duty on 8 May 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94A (Cook Helper). He was later awarded MOS 94B (Cook).
3. The applicant's record shows that he served in the Republic of Vietnam during the period 1 June 1969 through 3 April 1970 and was assigned to Company D, 1st Battalion, 77th Armor, 1st Brigade, 5th Division.
4. The applicant was honorably released from active duty on 8 April 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. There are no orders in the applicants service personnel records that show he was awarded the Bronze Star Medal.
6. There is no entry in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form
214 showing the applicant was awarded the Bronze Star Medal.
7. There is no entry in Item 41 (Awards and Decorations) of the DA Form
20 (Enlisted Qualification Record) showing the applicant was awarded 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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
9. United States 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. The applicant contends he was awarded the Bronze Star Medal; however, it was never added to his records.
2. There are no orders in the available records and the applicant has not provided sufficient evidence showing that he was recommended for or awarded the Bronze Star Medal by publication of official orders. Absent orders or other corroborating evidence, the certificate alone is insufficient evidence on which to add the Bronze Star Medal to his records.
3. Therefore, there is no basis for correction of the applicant's records to show award of the Bronze Star Medal.
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.
__________XXX_____________
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) AR20090001181
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ABCMR Record of Proceedings (cont) AR20090001181
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