IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100013415
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) show he was awarded the Bronze Star Medal.
2. The applicant states that a one-star general officer got off a helicopter and presented him with the Bronze Star Medal for his part in defeating a sapper attack.
3. The applicant provides copies of a letter from the National Personnel Records Center, a letter of appreciation with a supporting endorsement, and two newspaper articles.
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 on 5 March 1968, completed training as an artilleryman, and served in Vietnam from January 1969 to February 1970.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device "1960," and two Overseas Bars.
4. He was released from active duty as a sergeant (E-5) on 20 February 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 lists the same authorized awards.
5. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index maintained by the Military Awards Branch of the U.S. Army Human Resources Command of Vietnam era general orders, failed to reveal any award information pertaining to the applicant.
6. 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 n 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.
7. The documents the applicant submitted to support his request show:
* The 19 June 1969 letter of appreciation to the battery commander from the Commander, 3rd Battalion, 82d Artillery specifically commends the applicant and the men in his section for their efficiency and hard work in relocation on short notice
* The endorsement from the battery commander is addressed specifically to the applicant and expands on the former remarks to include, "you did with the utmost efficiency, supervise your men in the preparation and march order of your howitzer section with the least possible delay"
* the two newspaper articles talk about sapper attacks on U.S. units in the Mekong Delta region; neither the applicant nor his unit is specifically named
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was presented the Bronze Star Medal.
2. Army Regulation 600-8-22 provides that, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
3. Unfortunately, there is no substantiating evidence to support the applicant's request.
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) AR20100013415
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ABCMR Record of Proceedings (cont) AR20100013415
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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