IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100018134 


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 issued the Bronze Star Medal and an accompanying certificate but never received the official document that shows the award.

3.  The applicant provides:

* DD Form 214
* DA Form 2406 (Disposition Form)
* DA Form 1577 (Authorization for Issuance of Awards)
* Certificate and citation for award of the Bronze Star Medal
* Special Orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Buddy basic training orders
* Orders to active duty
* Reassignment orders

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 6 October 1969 and held military occupational specialty 63B (Wheel Vehicle Mechanic).  He served in Germany from 23 February 1979 to 8 July 1970.  

3.  While in Germany, he was honorably discharged on 7 June 1970 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal.

4.  He executed a 3-year reenlistment on 8 June 1970 and subsequently served in Vietnam from 28 August 1970 to 28 August 1971.  He was assigned as follows:

* Headquarters and Headquarters Company, 4th Battalion, 9th Infantry, 25th Infantry Division, from 5 September 1970 to 14 November 1970
* Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division, from 15 November 1970 to 23 August 1971

5.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 12 June 1973 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

8.  His records do not contain official orders awarding him the Bronze Star Medal.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for him.

10.  He provides:

	a.  a certificate, dated 15 June 1971, authenticated by Major General TMT, Commander, 101st Airborne Division (Air Mobile) that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period August 1970 to June 1971.

	b.  A citation for award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from August 1970 to June 1971.

	c.  An undated DA Form 2406 from the S-1, 326th Engineer Battalion, instructing him to pick up award of the Bronze Star Medal from the Division Awards and Decorations, Personnel Center, Camp Campbell, when outprocessing through Division.

	d.  A DA Form 1577, dated 30 December 199, from the National Personnel Records Center, authorizing him various awards, among which the Bronze Star Medal.

	e.  Special Orders Number 332, dated 28 November 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	f.  Special Orders Number 193, dated 6 October 1969, assigning him to Fort Knox, KY.

	g.  Special Orders Number 172, dated 5 September 1969, ordering him to active duty for 36 months.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

12.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

2.  The certificate and citation he submitted show award of the Bronze Star Medal for service with 101st Airborne Division from August 1970 to June 1971.  However, his DA Form 20 shows he served with Headquarters and Headquarters Company, 4th Battalion, 9th Infantry, 25th Infantry Division, from 5 September 1970 to 14 November 1970.  He reported to the 326th Engineer Battalion, of the 101st Airborne Division on or about 15 November 1970.

3.  Nevertheless, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.





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)                                         AR20100018134



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ABCMR Record of Proceedings (cont)                                         AR20100018134



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