IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100010316
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 the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1968.
2. The applicant states when his DD Form 214 was reviewed it was discovered that the Bronze Star Medal was missing from the form.
3. The applicant provides copies of:
* an undated, USARV Form 157-R (Recommendation for Decoration for Valor or Merit)
* his DD Form 214 with an effective date of 31 July 1968
* a DD Form 215 (Correction to DD Form 214) dated 11 December 2009
* his DD Forms 214 with effective dates of 7 June 1961, 7 June 1964, and 13 August 1951
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's military personnel records show he enlisted in the Regular Army on 28 July 1948 and served continuously until retirement.
3. The applicant was assigned in the Republic of Vietnam from 1 December 1966 to 30 November 1967.
4. The applicant submitted page 1 of an undated USARV Form 157-R that recommended him for award of the Bronze Star Medal for meritorious service. The dates of service for award were 26 May to 30 November 1967. The recommendation was sent to the Commanding General, U.S. Army Support Command, Saigon. This form does not show whether or not the applicant was approved for award of the Bronze Star Medal.
5. Headquarters, U.S. Army Support Command, Saigon General Orders Number 76, dated 31 January 1968, awarded the applicant (among others) the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from May to November 1967.
6. On 31 July 1968, the applicant was released from active duty and placed on the Retired List the following day. He had completed 20 years and 3 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Bronze Star Medal. However, item 24 does show he was awarded the Army Commendation Medal.
7. The applicant has been issued two DD Forms 215 adding awards to his
DD Form 214 with an effective date of 31 July 1968. Neither of these
DD Forms 215 added the Bronze Star Medal to his DD Form 214.
8. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) for award of the Bronze Star Medal.
9. 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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.
10. Army Regulation 672-5-1 (Military Awards), then in effect, stated that only one award would be made for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. There are no orders in the applicant's MPRJ or in ADCARS awarding him the Bronze Star Medal.
3. The USARV Form 157-R does not show an approval for the Bronze Star Medal for meritorious service for the period 26 May to 30 November 1967. However, orders were issued awarding the applicant the Army Commendation Medal for meritorious service for the same period of service (May to November 1967).
4. Only one award can be made for the same period of meritorious service. Therefore, it is reasonable to conclude the award issuing authority downgraded the recommendation for the Bronze Star Medal to an Army Commendation Medal.
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) AR20100010316
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ABCMR Record of Proceedings (cont) AR20100010316
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