IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100019512 


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 to item 42 (Remarks) of his DA Form 20 (Enlisted Qualification Record) to delete the reference to his relief from Officer Candidate School (OCS) and the Infantry Noncommissioned Officer (NCO) Course for lack of motivation and that the Bronze Star Medal (BSM) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was not released from OCS and the Infantry NCO Course for lack of motivation.  He claims he was unable to complete those courses due to administrative errors.  He states he was asked to sign a waiver at OCS which he had already signed, otherwise he would have been sent to OCS instead of the military occupational specialty (MOS) training he had enlisted for.  He claims that when he commented that he had already signed the waiver, it was evidently deemed to be lack of motivation and he was dropped from OCS.  He was assigned to the NCO Course without his consent when he was dropped from OCS.  If he was unfit for OCS, he should not have been sent to the NCO Course.

3.  The applicant states the BSM he was awarded in the Republic of Vietnam (RVN) was not included in his record or on his DD Form 214.  He claims he and several other members of his unit were awarded the BSM at the same time.

4.  The applicant provides no documentary evidence in support of his application.



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 record shows he enlisted in the Regular Army on 28 November 1966.  His DA Form 20 shows, in item 38 (Record of Assignments), that he was assigned to Fort Bragg, North Carolina, to attend basic combat training.  Upon completion of basic combat training, he was assigned to Infantry OCS at Fort Benning, Georgia, on 16 April 1967.  An entry in item 42 shows he was relieved from Infantry OCS for lack of motivation on 15 May 1967.

3.  Item 38 of his DA Form 20 further shows that upon his release from Infantry OCS, the applicant was assigned to the Infantry NCO Course at Fort Benning on 2 September 1967.  An entry in item 42 shows he was relieved from the Infantry NCO Course for lack of motivation on 6 September 1967.

4.  Item 38 of the DA Form 20 also shows upon his release from the Infantry NCO Course, the applicant was assigned to the RVN, where he arrived for duty on 26 October 1967.  The record further shows during his RVN tour of duty he was assigned to Company D, 2nd Battalion, 7th Cavalry Regiment, performing duties in MOS 11B (Light Weapons Infantryman) as an automatic rifleman.

5.  The applicant's record shows that during his active duty tenure, he earned the following awards:

* two overseas service bars
* Purple Heart
* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)
* Air Medal
* Combat Infantryman Badge
* First Class Gunner Badge (M-60 Machine Gun)
* RVN Campaign Medal
* Vietnam Service Medal with four bronze service stars

6.  There are no documents related to the applicant's attendance at OCS or the NCO Course in his record.  There are also no documents indicating he was ever recommended for or awarded the Bronze Star Medal by proper authority while serving on active duty.

7.  On 2 September 1969, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing 2 years, 9 months, and 5 days of active military service.  The DD Form 214 he was issued at the time does not include the BSM in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and there is no reference to his relief from OCS or the NCO Course.

8.  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 pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-14 contains guidance on the BSM.  It states it may be awarded for heroic acts or meritorious achievement/service, of a lesser degree than required for the Silver Star.  This award must be recommended, approved by the proper authority, and announced in official orders.

10.  Title 10, U.S. Code, section 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.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the 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 applicant's contention that his record should be corrected by deleting the entries on his DA Form 20 pertaining to his relief from OCS and the NCO Course due to lack of motivation has been carefully considered.  However, there is insufficient evidence to support this claim.  The applicant's record is void of any documentation regarding his attendance or release from OCS and/or the NCO Course and he failed to provide any independent evidence supporting his assertion that his release from these training courses were not the result of lack of motivation.

2.  Even if his claim were true, the DA Form 20 is not a historical record and is simply a management tool used while a member is actively performing military service.  Since this record is no longer active, there is no practical gain for correcting it at this late date.  There is no reference to the applicant's relief from OCS and the NCO Course on his DD Form 214.  As a result, there is no evidence suggesting the applicant has or will suffer an injustice as a result of the entries in item 42 of his DA Form 20.

3.  The applicant's contention that he was awarded the BSM and that it should added to his record and DD Form 214 has also been carefully considered.  However, his record is void of any documentation or orders indicating he was ever recommended for or awarded the BSM by proper authority while serving on active duty and he failed to provide independent evidence confirming this claim.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

4.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  The applicant and all others concerned should know that this action related to award of the BSM in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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)                                         AR20100019512



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ABCMR Record of Proceedings (cont)                                         AR20100019512



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