IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100009130 


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 that he be awarded the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the BSM in Vietnam; however, he departed Vietnam on hardship leave and never received the award.  He goes on to state his team leader (a warrant officer) informed him that he was awarded a BSM but he never got it.  He continues by stating that he now has the time to pursue the award that he earned.  He wants his grandchildren to know what type of Soldier he was.

3.  The applicant provides no additional documents with 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 6 December 1955.  He completed his basic training at Fort Chaffee, Arkansas and his advanced individual training as a fuel and electrical system repairer at Aberdeen Proving Ground, Maryland before being transferred to France for a 3 year tour.

3.  He continued to serve through a series of continuous reenlistments and served two tours in Vietnam while in the pay grade of E-6 during the periods of 26 November 1966 to 24 November 1967 and 20 December 1969 to 20 November 1970.

4.  The applicant’s last tour in Vietnam was for a period of 11 months and he was awarded the Army Commendation Medal (ARCOM) for meritorious service during the period of December 1969 to December 1970.

5.  He was promoted to the pay grade of E-7 on 29 April 1974.  On 30 June 1976, he was honorably released from active duty, and he was transferred to the Retired List effective 1 July 1976.  He had served 20 years and 7 months of total active service. 

6.  There is no evidence in the available records to show the applicant was ever recommended for or awarded the BSM for his service in Vietnam.  Additionally, a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to reveal any orders awarding the applicant the Bronze Star Medal.

7.  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 n 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.  

8.  Army Regulation 600-8-22 states there is no automatic entitlement to an award upon departure either from an assignment or from the service.  It also states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.



9.  Army Regulation 600-8-22 also states that it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM in Vietnam has been noted and appears to lack merit.

2.  This is further supported by the fact that the applicant was awarded the ARCOM for meritorious service during his second tour in Vietnam which would preclude an award of the BSM for meritorious service during the same period as it would be a duplicate award for the same service.

3.  The applicant has failed to show through the evidence submitted with his application and the evidence of record does not show that he was recommended for and awarded the BSM in Vietnam.  Therefore, in the absence of such evidence there appears to be no basis to add this award to his DD Form 214.

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 the United States during the Vietnam War.  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)                                         AR20100009130



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ABCMR Record of Proceedings (cont)                                         AR20100009130



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