BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100010128
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 his records be corrected to reflect his award of the Bronze Star Medal (BSM).
2. The applicant states that he was awarded the BSM by General Westmoreland between 1969 and 1971 for the destruction of an ammunition supply point and for saving and preparing medical evacuation for American Soldiers; however, that award was not included in his records.
3. The applicant provides no additional documents with his records.
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 enlisted in the Regular Army on 31 July 1969 for a period of 3 years. He completed his basic training at Fort Lewis, Washington and his advanced individual training as an ammunition apprentice at Redstone Arsenal, Alabama before being transferred to Vietnam on 19 August 1970 in the pay grade of E-3.
3. He departed Vietnam on 24 August 1971 under the drug amnesty program and was transferred to Fort Gordon, Georgia for enrollment in a resident rehabilitation program.
4. On 27 September 1971 he was transferred to Fort Lewis, Washington and on 28 February 1972, he reenlisted for a period of 3 years. He remained at Fort Lewis until he was transferred to Germany on 27 June 1973.
5. On 14 May 1974 he departed Germany and was transferred to a resident drug rehabilitation program and subsequent discharge on 24 May 1974 under the provisions of Army Regulation 635-200, chapter 13, for unfitness drug abuse.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
7. A review of the applicants records failed to show any indication that the applicant was ever awarded the BSM or any other personal decorations.
8. 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 or any other awards.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was awarded the BSM in Vietnam has been noted.
2. The applicant has failed to show through the evidence submitted with his application, and there is no evidence of record, to support his claim that he was awarded the BSM in Vietnam. Therefore, in the absence of such evidence there appears to be no basis to add that award to his records.
3. 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 the aforementioned 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.
ABCMR Record of Proceedings (cont) AR20100010128
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ABCMR Record of Proceedings (cont) AR20100010128
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