IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100013442
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 two Bronze Star Medals.
2. The applicant states that prior to his permanent change of station from Vietnam he was awarded a Bronze Star Medal, dated 5 May 1971, and after his return from Vietnam he received another Bronze Star Medal, dated 24 June 1971.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), two Bronze Star Medal certificates, and a copy of his application to the National Personnel Records Center with related documents indicating absence of the requested Bronze Star Medals on his DD Form 214 and DD Form 215.
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 appointed as a Reserve Commissioned Officer of the Army, Corps of Engineers, in the rank of second lieutenant on 21 March 1969. He entered active duty on 18 May 1969. He was awarded the specialty of combat engineer. He received a promotion to the rank of first lieutenant effective 18 May 1970.
3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam during the period 16 May 1970 to 19 April 1971.
4. He was honorably released from active duty on 17 May 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing 2 years of total active service.
5. He provided a copy of a Bronze Star Medal certificate, dated 5 May 1971, for meritorious achievement for ground operations against hostile forces in the Republic of Vietnam from May 1970 to May 1971 and a copy of a Bronze Star Medal certificate, dated 24 June 1971, for meritorious achievement for ground operations against hostile forces in the Republic of Vietnam from 29 January to 7 April 1971.
6. Notwithstanding the photocopy of the two Bronze Star Medal certificates provided by the applicant, his records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal by proper authority.
7. 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 for award of the Bronze Star Medal pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed
force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provided a photocopy of two Bronze Star Medal certificates, he did not provide any orders for these decorations.
2. There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for these awards. Therefore, without orders, there is insufficient evidence to correct his DD Form 214 to show two awards of the Bronze Star Medal.
3. In view of the foregoing, there is no basis for granting 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) AR20100013442
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ABCMR Record of Proceedings (cont) AR20100013442
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