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ARMY | BCMR | CY2010 | 20100000073
Original file (20100000073.txt) Auto-classification: Denied

		

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000073 


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 or Discharge) to add the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal and the award is not shown on his DD Form 214.

3.  The applicant provides a copy of a citation showing he was presented the Bronze Star Medal.

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 17 June 1970.  He completed training as a light wheel vehicle mechanic.  He arrived in Vietnam on 10 May 1971.

3.  He returned to the continental United States and was honorably released from active duty on 12 January 1972 as an overseas returnee.  He had completed 1 year, 6 months, and 27 days of total active service 

4.  The DD Form 214 he was issued shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

5.  A review of the available records does not show orders were published awarding him the Bronze Star Medal.

6.  A 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 Brand of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal.

7.  The applicant submits a copy of a citation showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 10 May 1971 to 15 January 1972.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and 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 meritorious 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 citation submitted by the applicant showing he was awarded the Bronze Star Medal was carefully considered.  However, this document is not sufficient evidence to warrant relief in this case.

2.  There are no orders contained in his official military record showing he was awarded the Bronze Star Medal and a review of ADCARS does not reveal orders awarding him the Bronze Star Medal.

3.  Therefore, until he provides a copy of the orders awarding him the Bronze Star Medal, this award cannot be included on his DD Form 214.

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)                                         AR20100000073



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ABCMR Record of Proceedings (cont)                                         AR20100000073



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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