BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022365 


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.  

2.  He states:

* He was given the Bronze Star Medal when he left Vietnam
* He did not have the paperwork and his company clerk told him not to worry, it would follow
* He was not at the award ceremony because he was in Khe Sanh
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Bronze Star Medal 
* He is 63 years old and he wants the matter resolved

3.  He provides:

* His DD Form 214
* Two Army Commendation Medal certificates
* Discharge Orders
* Discharge Certificate
* A DA 1811 (Physical and Mental Status on Release from Active Service)
* Promotion Orders
* Three Letters of Appreciation and Recommendations


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 March 1969.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) Republic of Vietnam (RVN) from 31 May 1970 to 27 April 1971
* Item 38 (Record of Assignments) assigned to Headquarters and Headquarters Service Company, 326th Medical Battalion, 101st Airborne Division (Air Mobile) during his tenure in the RVN
* Item 38 "excellent" conduct and efficiency ratings for all assignments
* Item 41 (Awards and Documents) does not show award of the Bronze Star Medal

4.  He was honorably released from active duty on 6 March 1972.  His DD Form 214 does not show the Bronze Star Medal as an authorized award.

5.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism or meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  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 orders for the Bronze Star Medal pertaining to the applicant.

7.  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.

8.  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.  There is no evidence in the available record nor did the applicant submit any evidence that shows he is entitled to award of the BSM.  In the absence of such evidence, there is no basis on which to add it to his DD Form 214.

2.  Additionally, a review of ADCARS failed to reveal Bronze Star Medal orders in the applicant's name.

3.  The documents the application submitted are insufficient to show he was awarded the Bronze Star Medal.

4.  While the available evidence is insufficient for awarding 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)                                         AR20100022365



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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