IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100029413
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 the National Personnel Records Center (NPRC) sent him a letter, dated 27 February 2003, awarding him the Bronze Star Medal.
3. The applicant provides an NPRC letter.
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. His military records show he enlisted in the Regular Army on 4 August 1969. He completed the training requirements and he was awarded primary military occupational specialty light weapons infantryman. The highest rank/grade he attained was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman and radio telephone operator while he was assigned to Companies D and A of the 2nd Battalion (Airborne), 503d Infantry, 173d Airborne Brigade in the Republic of Vietnam during the period 19 April 1970 to 17 March 1971.
4. He was honorably released from active duty on 1 March 1972 after completing 2 years, 6 months, and 12 days of total active service. The DD Form 214 he was issued does not show the Bronze Star Medal.
5. 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 orders for award of the Bronze Star Medal pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While he provided a NPRC letter which indicated he was entitled to the Bronze Star Medal, he did not provide any orders for this decoration.
2. Notwithstanding the NPRC letter, there is no evidence of record and he did not provide any evidence that he was awarded or recommended for the Bronze Star Medal. Therefore, without orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100029413
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