BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012900 


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 records to show award of the Bronze Star Medal.

2.  The applicant states when he returned to the United States from Vietnam for separation processing he did not have a copy of his award orders; they were in his duffel bag.  As a result, the award was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He adds he received a citation for the Bronze Star Medal and he has the original copy.

3.  The applicant provides a copy of his Bronze Star Medal Citation in support of his 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 applicant's 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 applicant's 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 and entered active duty in the U.S. Army for a period of 2 years on 23 September 1966.  Upon completion of training he was awarded military occupational specialty 36K (Field Wireman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in Vietnam from 19 January 1968 through 15 September 1968;

   b.  item 38 (Record of Assignments) that he was assigned to Company C,
1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 23 January 1968 through 13 September 1968; and

	c.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Air Medal, one Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  At the time he had completed 1 year, 11 months, and 23 days of net active service and 7 months and 27 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Air Medal, and one Overseas Service Bar.

5.  There is no evidence in the applicant's military personnel records that shows he was recommended for or awarded the Bronze Star Medal.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders pertaining to award of the Bronze Star Medal to the applicant.


7.  In support of his application, the applicant provides a copy of a citation that shows he was awarded the Bronze Star Medal for outstanding meritorious service against a hostile fore in the Republic of Vietnam from September 1967 to September 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
     
	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or meritorious service.  Award of the Bronze Star Medal with bronze "V" Device indicates an act of heroism involving conflict with an armed enemy.

   b.  Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was awarded the Bronze Star Medal because he received the award for his service in Vietnam.

2.  The applicant's claim was carefully considered.

   a.  There is no evidence the applicant was recommended  for award of the Bronze Star Medal.
   
   b.  There are no orders that show he was awarded the Bronze Star Medal.
   
   c.  The evidence of record shows that for award of personal decorations, announcement of the award in orders is required.  Thus, the citation the applicant provides is insufficient as a basis for correction of his records to show award of the Bronze Star Medal.

   d.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20100012900



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ABCMR Record of Proceedings (cont)                                         AR20100012900



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