IN THE CASE OF:	  

		BOARD DATE:	    14 April 2011

		DOCKET NUMBER:  AR20100025419 


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, in effect, 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 is entitled to the Bronze Star Medal after having served in a ground combat unit in Vietnam and having been an E-5 during his service.  He was wounded in a rocket fire attack at Tay Ninh while a member of Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Cavalry Division.  He has the certificate and citation but not the orders and he needs the DD Form 214 corrected to show the award so he may apply for a special license plate in his State.

3.  The applicant provides:

* DD Form 214
* Certificate and citation for award of the Bronze Star Medal
* Orders and certificate for award of the Purple Heart

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's records show he was inducted into the Army of the United States on 15 August 1967 and held military occupational specialty 71H (Personnel Specialist).

3.  He arrived in Vietnam on or around 10 September 1968 and he was assigned to HHC, 1st Brigade, 1st Cavalry Division.  He was injured on 28 March 1969 and he was transferred to the Army hospital at Fort Leonard Wood, MO, on or about 5 May 1969.  

4.  Headquarters, 12th Evacuation Hospital, General Orders Number 83, dated 31 March 1969, awarded him the Purple Heart for wounds received in action on 28 March 1969.

5.  He was honorably released from active duty on 18 June 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Purple Heart, National Defense Service Medal, and Vietnam Service Medal.

7.  (Awards and Decorations) of his DA Forms 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

8.  His records do not contain general orders which authorized him award of the Bronze Star Medal.

9.  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 any Bronze Star Medal orders for him.

10.  He submitted a certificate and citation that show he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from September 1968 to March 1969 in Vietnam.  He did not submit the official orders that awarded him this medal. 

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   

12.  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.  

13.  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.  The certificate and citation he submitted that show award of the Bronze Star Medal are noted; however, without official orders, they are insufficient to grant him the requested relief.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required. 

2.  The applicant’s service in Vietnam as well as his sincerity is not in question.  However, in the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

3.  Nevertheless, 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 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)                                         AR20100025419



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ABCMR Record of Proceedings (cont)                                         AR20100025419



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