BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110011755 


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, award of the Bronze Star Medal.

2.  The applicant states:

* he would like to determine if he was awarded the Bronze Star Medal per Colonel M____'s recommendation, dated 23 May 1964
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is not complete
* awards were received subsequent to his release from active duty

3.  The applicant provides:

* recommendation for award of the Bronze Star Medal, dated 23 May 1964
* letter from a Member of Congress, dated 23 May 2011
* letter to a Member of Congress, dated 14 May 2011
* Privacy Release Form
* DD Form 214

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 was ordered to active duty from the U.S. Army Reserve on 22 October 1961.  He served as a pilot in Vietnam from 28 May 1963 to 22 May 1964.  He was released from active duty on 21 October 1964.

3.  Item 26 of his DD Form 214 shows the:

* Army "Aviation" Badge (should be Army Aviator Badge)
* Air Medal with 8th Oak Leaf Cluster [nine awards of the Air Medal]
* Armed Forces Expeditionary Medal (Vietnam)
* Meritorious Unit Commendation

4.  There are no orders for the Bronze Star Medal in the available records.

5.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show entitlement to the Bronze Star Medal.

6.  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.

7.  He provides a recommendation for award of the Bronze Star Medal for meritorious service from Colonel M____, Senior Advisor, 7th Infantry Division Advisory Detachment, U.S. Military Assistance Command, Vietnam, dated 23 May 1964.

8.  Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 385, dated 5 October 1964, show he was awarded the Distinguished Flying Cross for heroism while participating in aerial flight on 13 January 1964 in Vietnam.

9.  Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 597, dated 7 October 1964, show he was awarded the Air Medal with 18th Oak Leaf Cluster [19 awards of the Air Medal].

10.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in a 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

11.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

12.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

13.  The applicant’s Member of Congress referred him to the ABCMR in regard to his request for the Bronze Star Medal.

14.  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.

15.  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.  There are no orders for the Bronze Star Medal in the available records.  In the absence of orders officially awarding him the Bronze Star Medal or any other official corroborating evidence approving award of the Bronze Star Medal, the recommendation provided by the applicant is not sufficient as a basis for award of the Bronze Star Medal.

2.  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.  A DA Form 638 will be provided to him.  He should inform his Member of Congress’s office of the provisions of 10 USC 1130.  

3.  The evidence shows the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by:

	a.  deleting the entry "Air Medal w/8OLC" from item 26 of his DD Form 214 and

	b.  adding the Distinguished Flying Cross, National Defense Service Medal,  and Air Medal with Numeral 19 to item 26 of his DD Form 214.



      _________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)                                         AR20110011755



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ABCMR Record of Proceedings (cont)                                         AR20110011755



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