IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100019360
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 Army Commendation Medal (ARCOM) and Bronze Star Medal (BSM).
2. The applicant states the awards are not listed in his DD Form 214 because he separated prior to the information becoming available for addition to his DD Form 214.
3. The applicant provides his DD Form 214 and citations and certificates for the ARCOM and BSM.
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 enlisted in the Regular Army on 17 May 1968. He completed his initial entry training and was awarded military occupational specialty 64A (Light Vehicle Driver).
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in the Republic of Vietnam (RVN) on or around 4 April 1969 and departed the RVN on 19 March 1970. Item 41 (Awards and Decorations) does not show the ARCOM or BSM.
4. There are no orders or any other evidence in his official military personnel file (OMPF) that show he was recommended for or awarded the ARCOM and/or BSM.
5. On 22 March 1970, he was released from active duty. His DD Form 214 does not show the ARCOM or BSM.
6. During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS). This is a web-based index containing general orders issued during the Vietnam era between 1965 and 1973. No orders pertaining to the applicant were found in the ADCARS file.
7. He provided ARCOM and BSM citations and certificates showing he was awarded the ARCOM for meritorious service and the BSM for meritorious achievement for the same period (April 1969-March 1970).
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.
b. The BSM 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 in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.
c. All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.
d. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration. Continuation of the same or similar type of service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award or the award previously made may be amended to incorporate the extended period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the ARCOM and BSM was carefully considered.
2. His OMPF is void of orders or any other evidence that indicate he was recommended for or awarded the ARCOM and BSM. Additionally, no orders pertaining to him were found in the ADCARS file. In the absence of orders or any other corroborating evidence showing he was awarded or recommended for these awards, the citations and certificates alone are insufficient for basing a correction to his DD Form 214.
3. Based on the foregoing, his request should be denied.
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) AR20100019360
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ABCMR Record of Proceedings (cont) AR20100019360
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