IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100014448
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 the awards listed on a DA Form 2496 (Disposition Form) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his military record is wrong.
3. The applicant provides a DA Form 2496, dated 9 November 1969, which requests orders awarding the applicant the Army Commendation Medal (ARCOM), the ARCOM (2nd Award), the Bronze Star Medal (BSM) (2nd Award), and the ARCOM (3rd Award).
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 records show he enlisted in the Regular Army on 28 September 1964, was awarded the military occupational specialty of cook, served in Vietnam from 13 May 1965 to 13 May 1966, and reenlisted on 12 July 1967. He was promoted to pay grade E-6 and served again in Vietnam from 17 September 1967 to 16 November 1969. He was honorably discharged at the expiration of his term of service in pay grade E-6 on 10 July 1970.
3. The DD Form 214 he was issued on 10 July 1970 shows he was awarded the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, BSM, and Vietnam Campaign Medal with Device (1960).
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, BSM, and Vietnam Campaign Medal with Device (1960).
5. The applicant provides a DA Form 2496, dated 9 November 1969, from the commanding officer of the 1st Battalion, 327th Infantry, 1st Infantry Brigade, to the Commanding General, 101st Airborne Division, which requests orders awarding the applicant the following:
* ARCOM - recommended 20 July 1968
* ARCOM (2nd Award) - recommended 11 February 1969
* BSM (2nd Award) - recommended 11 February 1969
* ARCOM (3rd Award) - recommended 11 August 1969
6. The applicant's military records, which are quite complete, do not contain orders awarding the applicant the ARCOM or additional awards of the BSM.
7. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 provides that the BSM 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.
9. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that oak leaf clusters would be awarded for subsequent awards of the ARCOM and BSM.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record that shows the recommended awards shown on the DA Form 2496, dated 9 November 1969, were approved by proper authority.
Without orders confirming initial and subsequent awards of the ARCOM or a second award of the BSM, there is insufficient evidence with which to add these awards to his DD Form 214 at this time.
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 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) AR20100014448
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ABCMR Record of Proceedings (cont) AR20100014448
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