IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100012655
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 that he did not know until this year that the Bronze Star Medal should be shown on his DD Form 214.
3. The applicant provides copies of the citation and certificate for award of the Bronze Star Medal.
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 records show:
a. he enlisted in the Regular Army on 28 June 1965;
b. he served in the Republic of Vietnam from 17 November 1967 to
11 November 1968; and
c. he was released from active duty on 27 June 1969.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as subsequently corrected (twice), lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Citation, Parachutist Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The citation and certificate, provided by the applicant, for award of the Bronze Star Medal shows that he distinguished himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 January to 31 August 1968.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. There are no available general orders showing the applicant was awarded the Bronze Star Medal. The citation and certificate that was provided by the applicant are not sufficient evidence upon which to base a correction of his records to show award of the Bronze Star Medal. Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other documentary evidence to corroborate this award, he may submit another application for consideration.
3. In view of the above, the applicant's 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) AR20100012655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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