IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013496 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 3 June 1970, to show he was released from active duty in the rank/grade of staff sergeant (SSG)/E-6.  He also requests correction of his DD Form 214 to show award of the Bronze Star Medal.

2.  He states, in effect, he was promoted to SSG/E-6 and awarded the Bronze Star Medal while serving in Vietnam.

3.  He provides no additional evidence.

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's military record shows he enlisted in the Regular Army on
12 February 1965, in pay grade E-1, for a period of for 3 years.  He completed training and was awarded military occupational specialty 31M (Radio Carrier and Relay Operator).  He served in Germany from 6 July 1965 through 4 August 1967. He was honorably discharged on 8 August 1966, for the purpose of immediate reenlistment.  He reenlisted in the Regular Army in the rank/grade of specialist four (SP4)/E-4 on 9 August 1966 for 4 years.  He was promoted to the rank/grade of sergeant (SGT)/E-5, on 12 January 1967.

3.  On 27 January 1969, a 7th Signal Battalion Promotion Board convened at Fort Lewis, WA, that recommended him for promotion to SSG/E-6 and directed the applicant's placement on the appropriate Relative Standing List.

4.  He served in Vietnam from 4 June 1969 through 3 June 1970.

5.  There is no evidence in his records and the applicant did not provide any evidence that shows orders were issued promoting him to SSG/E-6.

6.  He was honorably released from active duty on 3 June 1970, as an overseas returnee.  Item 5a (Grade, Rate or Rank) of his DD Form 214 shows the rank of SGT.  Item 5b (Pay Grade) shows his pay grade as E-5.  Item 6 (Date of Rank) shows his date of rank as 12 June 1967.  He was credited with completing
5 years, 3 months, and 22 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Bronze Star Medal.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.

9.  There are no orders in the applicant's personnel records awarding him the Bronze Star Medal.

10.  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 the Bronze Star Medal pertaining to the applicant.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), then in effect, provided instructions for the preparation of the DD Form 214.  The regulation stated items 5a, 5b, and 6 would list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of release, separation, or discharge from active duty.

12.  Army Regulation 600-8-22 (Military Award) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was promoted to SSG/E-6, while serving in Vietnam.  The evidence of record shows he was promoted to SGT/E-5 on
12 January 1967.  On 27 January 1969, a Battalion Promotion Board recommended him for promotion to SSG/E-6 and his placement on the appropriate Relative Standing List for promotion.  There is no evidence showing orders were published promoting him to SSG/E-6.  

2.  The DD Form 214 that he was issued shows his rank/grade as SGT/E-5 and the effective date of his promotion to be 12 January 1967.  Although he was recommended for promotion to SSG/E-6, there is no evidence and he did not provide any evidence that shows he was promoted to SSG/E-6 prior to his release from active duty.  Therefore, he is not entitled to correction of his
DD Form 214 to show the rank/grade of SSG/E-6.

3.  He also contends he was awarded the Bronze Star Medal while serving in Vietnam.  His military service records and ADCARS give no indication he was ever awarded the Bronze Star Medal during his period of service.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Bronze Star Medal.  Therefore, there is insufficient evidence available to support his request.

4.  In view of the foregoing, there is no basis for granting his 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)                                         AR20100013496



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ABCMR Record of Proceedings (cont)                                         AR20100013496



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