IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100029381
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 his medical records from his unit in Vietnam and also his citation for a Bronze Star Medal (in effect, he requests award of the Bronze Star Medal).
2. The applicant states he applied for his medical records for his service during Vietnam and the response he received did not mention a Bronze Star Medal.
3. The applicant did not provide any additional documentation.
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 requested his medical records from his service in Vietnam between May 1968 and May 1969. The ABCMR does not issue medical records.
The applicant is advised that requests for personnel and/or medical records should be forwarded to the National Personnel Records Center (NPRC),
1 Archives Drive, St. Louis, MO 63138. The NPRC will provide a copy of the available requested records. Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website. At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. All requests must be signed and dated. The applicant is also advised to contact the nearest Department of Veterans Affairs (DVA) location for further assistance. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 22 May 1967 for a period of
3 years. He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in Vietnam from
16 May 1968 to 13 May 1969. The applicant was honorably released from active duty on 21 May 1970 at the expiration of his term of service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Bronze Star Medal.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.
6. There are no orders in the applicant's records awarding him the Bronze Star Medal.
7. A 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 Bronze Star Medal pertaining to the applicant.
8. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The applicant's request for his citation for a Bronze Star Medal was carefully considered; however, there is no evidence of record that shows he was recommended for or awarded the Bronze Star Medal. There are no orders, citation, or approval for such award in the applicant's military records.
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) AR20100029381
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ABCMR Record of Proceedings (cont) AR20100029381
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