IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100014511
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 the Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal, but it was not included on his DD Form 214.
3. The applicant provides copies of a Bronze Star Medal citation and award certificate.
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 commissioned as a first lieutenant in the U.S. Army Reserve (USAR) on 19 July 1967. He entered active duty on 16 September 1967.
3. The applicant's DA Form 66 (Officer Qualification Record) shows his assignments in Vietnam as follows:
* 63rd Transportation Company, 17 September 1968
* Headquarters and Headquarters Company, 26th General Support Group from 18 September 1968 through 16 December 1968
* 585th Transportation Company from 17 December 1968 through 20 May 1969
* 585th Maintenance Company from 21 May 1969 through 18 July 1969
4. The applicant provided copies of a citation and certificate showing award of the Bronze Star Medal on 28 August 1969 for meritorious service in Vietnam from September 1968 to July 1969.
5. The applicant's official military record does not include copies of general orders for the Bronze Star Medal, the Bronze Star Medal citation, or the Bronze Star Medal Certificate.
6. The applicant was released from active duty on 4 August 1969.
7. Both his DA Form 66 and DD Form 214 list his authorized awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
8. 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 any awards for the applicant or to any other member of units to which he was assigned during his tour of duty in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was awarded the Bronze Star Medal, but it was not included on his DD Form 214
2. Neither the Bronze Star Medal award citation nor certificate contains a notation of the general orders authorizing the award. The available record does not contain copies of theses documents or any evidence to validate their authenticity.
3. While there is a strong possibility the applicant was awarded the Bronze Star Medal but that the general orders were not included in his official records, without evidence to validate the authenticity of the citation and certificate, it is not appropriate to correct the applicant's DD Form 214 to include the Bronze Star Medal.
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) AR20100014511
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ABCMR Record of Proceedings (cont) AR20100014511
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