IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100020626 


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 award of the Bronze Star Medal and Presidential Unit Citation.

2. The applicant states he was wounded while in Cambodia on 10 May 1970 and he fought on through the day with shrapnel in his bicep and shoulder.  Then, in the evening, he sustained a gunshot wound.  He adds that his former company commander recently told him at a reunion that he was supposed to have received the Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was inducted and entered active duty in the U.S. Army on
14 April 1969.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 14 April through
28 May 1970 and he was transferred to Japan on 29 May 1970;

	b.  item 38 (Record of Assignments) he was assigned to:

       (1)  Company B, 3rd Battalion (Airmobile), 506th Infantry, from 29 April through 28 May 1970 and

       (2)  as a patient in the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, from 29 May through 18 June 1970;

   c.  item 40 (Wounds) that he sustained fragment wounds to both legs on
10 May 1970; and

	d.  item 41 (Awards and Decorations) does not show the Bronze Star Medal or Presidential Unit Citation.

4.  A review of the Vietnam Casualty Roster shows the applicant's name is listed as a casualty on 10 May 1970 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

5.  There are no orders or other evidence in the applicant's military personnel records that shows he was recommended for or awarded the Bronze Star Medal.

6.  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 awarding the applicant the Bronze Star Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  A review of this pamphlet failed to show that Company B, 3rd Battalion (Airmobile), 506th Infantry, was awarded the Presidential Unit Citation during the period of the applicant's assignment to the unit.

8.  A DD Form 214 shows the applicant was honorably retired from active duty on 26 November 1971.  He had completed 2 years, 7 months, and 13 days of net active service this period.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Purple Heart, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and Expert Marksmanship Qualification Badge with (M-16) Rifle and Grenade Bars.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

   b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or meritorious service.  Award of the Bronze Star Medal with bronze "V" Device indicates an act of heroism involving conflict with an armed enemy.

   c.  Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  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.

	e.  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, Soldier Programs and Services Division,
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 contends that his records should be corrected to show the Presidential Unit Citation and Bronze Star Medal.

2.  There is no evidence that shows the Presidential Unit Citation was awarded to Company B, 3rd Battalion (Airmobile), 506th Infantry, during the applicant's period of assignment to the unit.  Therefore, he is not entitled to correction of his records to show this unit award.

3.  The applicant's claim to the Bronze Star Medal was carefully considered.

   a.  The sincerity of the applicant's comment is not in question; however, he provides insufficient evidence in support of his claim.

   b.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.  A search of the ADCARS also failed to reveal orders awarding the applicant the Bronze Star Medal.

   c.  The evidence of record shows that for award of personal decorations, announcement of the award in orders is required.  

   d.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

4.  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 award 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20100020626



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ABCMR Record of Proceedings (cont)                                         AR20100020626



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