BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100025201
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 military record to show the Bronze Star Medal (BSM) and Army Good Conduct Medal (AGCM).
2. The applicant states his record does not show award of the BSM and AGCM, or "one for the Reserve."
3. The applicant provides:
* a copy of his 6 October 1962 and 18 January 1973 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a copy of Letter Orders dated 30 September 1965
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 military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed record that primarily consists of the applicant's separation documents (DD Form 214) and a discharge order.
3. The available evidence shows he initially enlisted in the Regular Army (RA) on 13 October 1959. He was trained in and awarded military occupational specialty (MOS) 131.00 (Armor Crewman).
4. He continuously served until he was honorably discharged on 6 October 1962, and transferred to the United States Army Reserve Control Group (Reinforcement). He completed 2 years, 11 months and 24 days of creditable active service (Reinforcement). The DD Form 214 issued at that time does not include the BSM or AGCM among the list of awards shown in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
5. Letter Orders from The Office of the Adjutant General, United States Army Administration Center, St. Louis, Missouri, dated 30 September 1965, show the applicant was honorably discharged from the USAR Control Group (Standby) by due to expiration term of service effective on this date.
6. On 19 January 1970, the applicant enlisted in the RA. He was trained in and awarded MOS 64C (Motor Transport Operator).
7. On 18 January 1973, he was honorably discharged from active service. He completed a total of 5 years, 11 months, and 24 days of creditable active duty service. The DD Form 214 issued at the time of discharge shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Expert Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar
8. 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 for the BSM or AGCM pertaining to the applicant.
9. 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 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.
10. Chapter 4 of the military awards regulation provides guidance on awarding the AGCM. It states that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service. There is no automatic entitlement to the AGCM.
DISCUSSION AND CONCLUSIONS:
1. There are no orders available that show the applicant was awarded the BSM or AGCM by the appropriate award authority. Absent any official documents to substantiate his claim that he was awarded the BSM or AGCM, there is an insufficient evidentiary basis upon which to grant the requested relief.
2. Should the applicant have, or be able to obtain a copy of the orders awarding him the BSM and AGCM or be able to provide other evidence to corroborate his claim to either of these awards, he may submit a request for reconsideration.
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) AR20100025201
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ABCMR Record of Proceedings (cont) AR20100025201
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