IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100012811
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of a second Bronze Star Medal.
2. The applicant states he was awarded two Bronze Star Medals and he would like his DD Form 214 corrected to show both for his family history.
3. The applicant provides a copy of his DD Form 214, effective 22 October 1971; and general orders, citations, and certificates for the awards in question.
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 records show he was inducted into the Army of the United States on 25 February 1970. He completed training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist). He served in Vietnam from on or about 21 August 1970 to 17 August 1971. He was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry.
3. Headquarters, 101st Airborne Division (Airmobile) issued:
a. General Orders Number 5498, dated 3 July 1971, awarding him the Bronze Star Medal for meritorious service in the Republic of Vietnam from September 1970 to June 1971.
b. General Orders Number 5720, dated 9 July 1971, awarding him the Bronze Star Medal for meritorious service in the Republic of Vietnam from
1 August 1970 to 31 August 1971.
c. General Orders Number 9180, dated 5 September 1971, revoked General Orders Number 5720 awarding the Bronze Star Medal.
4. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 22 October 1971. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. There are no orders in his military personnel records that show he was awarded a second Bronze Star Medal.
6. 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 U.S. Army Human Resources Command, failed to reveal any orders for a second Bronze Star Medal pertaining to the applicant.
7. The applicant provided as supporting evidence general orders, award certificates, and award citations which awarded him two Bronze Star Medals which were found in his military personnel file and previously discussed.
8. U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that
the Bronze Star Medal may have been awarded for heroism, 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show two awards of the Bronze Star Medal.
2. The evidence of record shows he was awarded two Bronze Star Medals through the publication and announcement in general orders. General Orders Numbers 5498, dated 3 July 1971; and General Orders Number 5720, dated
9 July 1971, were found in his military record. However, General Orders Numbers 5720 were revoked on 5 September 1971 and there is no available evidence to show he was awarded the Bronze Star Medal with Oak Leaf Cluster to denote a second award. In the absence of evidence to the contrary, there is no basis to correct his record.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
4. In view of the foregoing, 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) AR20100012811
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ABCMR Record of Proceedings (cont) AR20100012811
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