IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015344 


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 award of the Bronze Star Medal for meritorious service.

2.  The applicant states:

* there is no error or injustice, just a 44-year oversight due to misplaced documents
* the Bronze Star Medal recommendation was stashed away with other documents and no action was ever taken on it
* the recommending official states he displayed "exceptionally outstanding performance and devotion to duty in the highest traditions of military service and reflect distinct credit upon himself"
* his team serviced organizations in Phu Bai and he went into combat areas to manage finance requests
* during the Tet Offensive, military payroll and related finance records were blown up by a rocket
* it was there where he was personally blown up by a rocket while sleeping on the top bunk in a four-man room in a trailer
* the write-up for his unit's award of the Meritorious Unit Commendation documents his personal activities within the unit 


3.  The applicant provides:

* a letter from the National Personnel Records Center (NPRC), dated
18 July 2011
* a self-authored statement
* extracts from his military personnel records
* a (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit)
* General Orders Number 4255, issued by Headquarters, USARV, dated 
9 September 1968
* a letter from the Da Nang Sub-Area Command, Vietnam, dated 11 May 1968 recommending his unit for the Meritorious Unit Commendation

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 enlisted in the Regular Army on 17 October 1966.  He completed training and was awarded military occupational specialty (MOS) 73C (Disbursing/Examining Specialist).  The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 11 July 1967 through 6 July 1968.

4.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 212th Aviation Battalion while in the Republic of Vietnam.

5.  The applicant's record contains a USARV Form 157-R, dated 10 May 1968, recommending him for award of the Bronze Star Medal for meritorious service 


from 11 July 1967 through 10 July 1968.  Records show that the 212th Combat Support Aviation Battalion recommended downgrading of the applicant's Bronze Star Medal recommendation to the Army Commendation Medal.  The awards recommendation was forwarded to the 16th Combat Aviation Group for further processing.

6.  The available record does not contain the final decision by the award authority.  However, his record contains General Orders Number 4156, issued by the 1st Aviation Brigade, dated 26 June 1968, awarding the applicant Army Commendation Medal for meritorious service in Vietnam for the period April 1967 to July 1968, that coincide with the recommended dates on the USARV Form 157-R.

7.  The applicant was honorably released from active duty on 16 October 1969 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Soldier's Medal
* two overseas service bars

8.  The applicant provides extracts from his military personnel record, a recommendation for award of the Bronze Star Medal, and a submission for award of the Meritorious Unit Commendation.  These documents all show how he and his unit performed while in the Republic of Vietnam.

9.  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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Bronze Star Medal was carefully considered.


2.  Although the applicant believes his recommendation for award of the Bronze Star Medal was never processed, records show the request was downgraded to an Army Commendation Medal.  Accordingly, general orders were issued awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam and is currently shown on his DD Form 214.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal or upgrading the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110015344



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ABCMR Record of Proceedings (cont)                                         AR20110015344



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