IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008171
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 show award of the Bronze Star Medal.
2. The applicant states he received the Bronze Star Medal while assigned to the 501st Signal Battalion, 101st Airborne Division, in Vietnam.
3. The applicant provides no additional documents in support of his 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 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 21 April 1969.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 8 February 1970 to 24 December 1970 with Headquarters and Headquarters Company, 501st Signal Battalion, 101st Airborne Division (Airmobile).
4. The applicant's service record does not contain any orders which show he was awarded the Bronze Star Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Bronze Star Medal.
6. The applicant was honorably released from active duty on 12 December 1971. His DD Form 214 does not show the Bronze Star Medal as an authorized award.
7. 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 or 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.
8. 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 Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the Bronze Star Medal while he was assigned to the 501st Signal Battalion, 101st Airborne Division, in Vietnam is acknowledged. However, absent orders authorizing him award of the Bronze Star Medal, there is insufficient evidence on which to base correction of his records to show award of the Bronze Star Medal.
2. A thorough review of the applicant's records failed to show award of the Bronze Star Medal:
* there were no orders in the records
* his DA Form 20 does not show the award
* the Bronze Star Medal is not on his DD Form 214
3. Additionally, a review of ADCARS failed to uncover Bronze Star Medal general orders in the applicant's name.
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 this requirement.
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.
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