IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110003541 


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 (BSM). 

2.  The applicant states that he was given the Bronze Star Ribbon to wear home when he was discharged from the army, because of his merit of serving with  Troop C, 2nd Squadron, 17th Calvary, 10th Airborne Division (Airmobile), from
26 November 1969 through 6 November 1970.  

3.  In support of his request the applicant provides a copy of his DD Form 214, (Armed Forces of the United States Report of Transfer or Discharge), dated 
7 November 1970, copies of his social security card and Florida driver’s license, and a self authored note stating why he believes he should have the Bronze Star Medal added on his DD Form 214 or DD Form 215.

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 that he was inducted into the Army of the United States, on 13 February 1969, for a period of two years.  Upon completion of his training he was awarded military occupational specialty 76Y, Unit Supply Specialist.  The highest rank he attained while serving on active duty was Sergeant/E/5. 

3.  The applicant served in Vietnam with, Troop C, 2/17th Calvary, 10th Airborne Division, (Airmobile), from 26 November 1969 through 5 November 1970.  

4.  The applicant was honorably released from active duty on 7 November 1970 and transferred to the United States Army Reserve Control Group.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record), does not include the BSM in the earned awards listed in item 41 (Awards and Decorations).

6.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal, with Device 1960, the Army Commendation Medal, 2 Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge (M-16).  The BSM is not shown on the applicant’s DD Form 214.

7.  There are no orders in the applicant’s military service record that show he was awarded the Bronze Star Medal.

8.  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 United States Army Human Resources Command, failed to show any orders were published authorizing award of the Bronze Star Medal to the applicant. 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 1-26 contains guidance on announcement of awards and states all awards will be authorized and announced in official orders.




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM and that it should be added to his record and the documents submitted by the applicant in support of his case were carefully considered.  However, there is insufficient evidence to support this claim.  The applicant’s record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  The BSM is not included in the list of awards contained in Item 41 of his DA Form 20, which he last audited on 
5 December 1969.  In effect, this audit was his verification that the information on the record, to include the awards listed in Item 41, was correct at that time.  

2.  The BSM is also not included in the list of awards contained on his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that information contained on the DD form 214, to include the list of awards, was correct at the time the separation document was prepared and issued.  Further, there are no BSM orders pertaining to him on file in the ADCARS maintained by DA.  Absent any evidence that he was recommended for or awarded the BSM by proper authority, there is an insufficient evidentiary basis to support granting the requested relief.

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)                                         AR20110003541



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ABCMR Record of Proceedings (cont)                                         AR20110003541



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