IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100010231
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 the Bronze Star Medal is not listed on his DD Form 214. He contends it was issued the same month he was discharged.
3. The applicant provides a copy of his DD Form 214 and a Bronze Star Medal Certificate and Citation in support of this 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 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 was inducted into the Army of the United States on 25 March 1969 and upon completion of the required training he was awarded military occupational specialty 11B (Light Weapons Infatryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 7 September 1969 to
26 October 1970. The Bronze Star Medal is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20.
4. His Official Military Personnel File (OMPF) is void of orders or any other documents that would indicate he was recommended for or awarded the Bronze Star Medal.
5. On 27 October 1970, he was released from active duty. His DD Form 214 does not show the Bronze Star Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
6. During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS). This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973. No orders pertaining to the applicant were found in the ADCARS file.
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 in 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 applicant contends his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. His OMPF is void of any orders or other documents that indicate he was recommended for or awarded the Bronze Star Medal while serving on active duty. In the absence of evidence showing he was awarded or recommended for the Bronze Star Medal, the award certificate and citation provided by him are insufficient evidence to support adding the Bronze Star Medal to his DD Form 214.
3. In view of the above, his request should be denied.
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) AR20100010231
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ABCMR Record of Proceedings (cont) AR20100010231
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