IN THE CASE OF:	  

		BOARD DATE:	    7 April 2011

		DOCKET NUMBER:  AR20100024157 


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.  The applicant states he was presented the Bronze Star Medal and citation by a lieutenant colonel the day before he left Saigon, Vietnam.  He adds that it appears the orders were never cut and, as a result, the award was not recorded on his separation document.

3.  The applicant provides a copy of his Bronze Star Medal Citation.

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 appointed as a Regular Army commissioned officer and entered active duty on 17 June 1967.  Upon completion of the Armor Officer Basic Course, he was detailed as an armor officer.

3.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

   a.  Item 18 (Record of Assignments) he was assigned to:

(1) Headquarters, Capital Military Assistance Command from
10 November 1969 through 31 March 1970.

       (2)  U.S. Military Assistance Command from 1 April 1970 through 23 June 1970.

   b.  item 21 (Awards and Decorations) does not list the Bronze Star Medal.

4.  The applicant's DD Form 214 shows he was honorably discharged from active duty on 25 June 1970:

   a.  He had completed 3 years and 9 days of net active service; and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, one Overseas Service Bar, and Army Commendation Medal.

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was authorized or awarded the Bronze Star Medal.

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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

7.  In support of his application, the applicant provides a copy of a Bronze Star Medal Citation that shows the Bronze Star Medal was presented to him for outstanding meritorious service against a hostile force in the Republic of Vietnam during the period 19 July 1969 to 22 June 1970.



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

   a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service; and

   b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

9.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for 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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.

10.  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.

11.  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 DD Form 214 should be corrected to show award of the Bronze Star Medal because he was presented the Bronze Star Medal and Citation for meritorious service in the Republic of Vietnam.

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

   a.  The sincerity of the applicant's comments is not in question.  However, the Bronze Star Medal Citation alone is insufficient for awarding the applicant a Bronze Star Medal;

   b.  There are no orders or Army records that show the applicant was awarded the Bronze Star Medal or that he was recommended for the award; and

   c.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

3.  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)                                         AR20100024157



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ABCMR Record of Proceedings (cont)                                         AR20100024157



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