BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100015337
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 the Air Medal and the Bronze Star Medal.
2. The applicant states these two awards were announced after he was discharged from the Army.
3. The applicant provides copies of his DD Form 214, a letter, undated, informing him of the awards, and citations and certificates for award of the Air Medal and Bronze Star Medal.
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's DD Form 214 shows:
a. he was inducted into the Army of the United States on 18 March 1971;
b. he was awarded military occupational specialty 11B (Light Weapons Infantryman);
c. he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the [Republic of] Vietnam Campaign Medal [with 1960 Device]; and
d. he was released from active duty on 2 May 1972, in the rank of sergeant, pay grade E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned as a rifleman with Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, located in the Republic of Vietnam, from 22 August 1971 to 27 April 1972.
4. The applicant provides a copy of a letter from the Executive Officer, Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade. This letter informs the applicant that the enclosed award [unidentified] came through distribution after his departure from the unit. He was provided an address for the U.S. Army Administration Center and advised to provide the commanding officer at that location a copy of the award orders for placement into his military records.
5. The Bronze Star Medal certificate and citation, provided by the applicant, indicates that he was awarded this medal for meritorious achievement in ground operations against hostile forces from 23 August 1971 to 23 February 1972.
6. The Air Medal certificate and citation, provided by the applicant, indicates that he was awarded this medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 10 August 1971 to 1 April 1972.
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Air Medal or the Bronze Star Medal. ADCARS is 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.
8. Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal and the Bronze Star Medal.
2. There are no general orders that show the applicant was awarded either the Air Medal or the Bronze Star Medal. The certificates and citations provided by the applicant are insufficient evidence by themselves upon which to base a correction of his records. Should he have, or be able to obtain, copies of the orders awarding him either or both of these medal, or be able to provide other evidence to corroborate the awards, he may submit another application for consideration.
3. In view of the above, the applicant's request should be denied 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 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) AR20100015337
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ABCMR Record of Proceedings (cont) AR20100015337
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