IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100009789
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal and the Army Commendation Medal (First Oak Leaf Cluster).
2. The applicant states he was issued the Bronze Star Medal and the Army Commendation Medal (First Oak Leaf Cluster); however, he has no paperwork to support his request.
3. The applicant provides a copy of General Orders Number 431, dated 18 February 1972, showing he was awarded the Army Commendation Medal with "V" Device and a copy of his DD Form 214.
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 was inducted into the Army of the United States on 27 October 1970 and he completed training as an infantry operations and intelligence specialist. He arrived in Vietnam on 7 October 1971.
3. The applicant returned to the United States on 27 April 1972 and he was honorably released from active duty under the authority of the Phasedown Release Programs. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
4. A review of the applicant's records does not reveal orders awarding him the Bronze Star Medal or the Army Commendation Medal (First Oak Leaf Cluster).
5. 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 or the Army Commendation Medal (First Oak Leaf Cluster).
6. The applicant submits a copy of General Orders Number 431 showing he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile enemy for in the Republic of Vietnam on 11 February 1972.
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 the Bronze Star Medal may have been awarded for heroism or for 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. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).
8. Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. However, they are not supported by the evidence of record.
2. There is no evidence contained in the applicant's records and he has not submitted any evidence that shows he was ever awarded the Bronze Star Medal and/or the Army Commendation Medal (First Oak Leaf Cluster).
3. ADCARS does not contain orders showing he was awarded the Bronze Star Medal or Army Commendation Medal (First Oak Leaf Cluster). Therefore, neither of these awards be included on his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100009789
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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