IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100022053
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 Bronze Star Medal (BSM).
2. The applicant states that he deserves to have the BSM reflected on his DD Form 214 just like all of the other members of his unit.
3. The applicant provides a document titled Awards and Decorations Earned During 1971.
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 record shows he was inducted into the Army of the United States on 7 April 1970. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 2 September 1970 through 3 September 1971. Item 38 (Record of Assignments) shows he was assigned to 1st Battalion, 501st Infantry Regiment and he performed the duties of a rifleman during his RVN tour. Item 41 (Awards and Decorations) does not include the BSM.
4. The applicant's Official Military Personnel File (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service.
5. On 6 December 1971, the applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year and 8 months of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the BSM among the awards listed.
6. The applicant provides a document titled Awards and Decorations Earned During 1971. This document includes a by-name list of individuals that show their rank and indicate their entitlement to the Silver Star or BSM with "V" Device for Valor. The applicants name is included among this list; however, this document does not include any verifiable information such as a social security number or service number to confirm the exact identity of the individuals listed thereon. This document also does not show the general orders number or issuing authority for the specified awards.
7. 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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders showing that the applicant was awarded the BSM by the appropriate award authority. The evidence he provides, absent any official document to substantiate his claim that he was awarded the BSM while on active duty, is insufficient to grant the requested relief.
2. Should the applicant have, or be able to obtain, a copy of the orders awarding him the BSM or be able to provide other evidence to corroborate his claim to the BSM, he may submit a request for reconsideration to this Board.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100022053
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ABCMR Record of Proceedings (cont) AR20100022053
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