IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110021028 


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 that he be awarded a third award of the Bronze Star Medal (BSM 2OLC) for his first tour in Vietnam from 1966 to 1967.

2.  The applicant states, in effect, that he received two awards of the Bronze Star Medal (BSM) during his second tour in Vietnam but did not receive an award of the BSM for his first tour in Vietnam.  He goes on to state that he served his entire first tour in Vietnam with dignity, distinction, honor, professionalism and pride and he earned the award of the BSM for that tour. 

3.  The applicant provides a handwritten letter, a certificate of training, orders awarding him the Combat Infantryman Badge (CIB) on 15 February 1967, orders awarding him two awards of the BSM, a copy of his record of assignments, a copy of his retirement orders and a copy of his DD Form 214 (Report of Separation from Active Duty).

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 initially served in the United States Air Force from 20 October 1953 until he was released from active duty (REFRAD) on 19 October 1957.

3.  He enlisted in the Regular Army on 31 August 1961.  He completed his basic training at Fort Carson, Colorado and his advanced individual training as a postal clerk at Fort Benjamin Harrison, Indiana.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 17 December 1965.

4.  On 18 December 1966 he was transferred to Vietnam for duty as a light weapons infantryman where he served with the 39th Infantry Regiment, the 87th Infantry Regiment, and the 52d Infantry Regiment until he departed Vietnam on 5 December 1967.

5.  He was promoted to the pay grade of E-7 on 31 July 1967 and on 25 November 1969, he was again transferred to Vietnam for assignment to the 1st Cavalry Division for duty as a recreational supervisor and duty foreman.  He was awarded two awards of the BSM for meritorious service during that tour and he departed Vietnam on 20 November 1970.

6.  He continued to serve until he was honorably REFRAD on 31 January 1978 and was transferred to the Retired List effective 1 February 1978.  He had served 20 years, 4 months and 6 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal with 1 oak leaf cluster (OLC), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2d award), the BSM 1OLC, the Army Commendation Medal (2OLC), the drill Sergeant Identification Badge, the Valorous Unit Award, the Meritorious Unit Commendation, Good Conduct Medal (4th award), Recruiter Badge, and the German Army Marksmanship Badge in Silver.

7.  A review of his official records failed to reveal any evidence to show that he was recommended for an award of the BSM during his first tour in Vietnam.  Additionally, a search of the U.S. Army Human Resources Command Awards 


and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to contain an order awarding the applicant the BSM during his first tour in Vietnam (1966 – 1967).

8.  On 9 September 2011, officials at the Human Resources Command advised the applicant of procedures for applying for award of a military decoration under the provisions of Title 10 of the U.S. Code, section 1130.   

9.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

10.  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 in 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.  

11.  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. 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.

12.  Army Regulation 600-8-22 (Military Awards) states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation 


into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded a third award of the BSM (BSM 2OLC) because he was not awarded a BSM during his first tour in Vietnam has been noted and appears to lack merit.

2.  While the sincerity of his claim is not in doubt, there is no automatic entitlement to an award upon departure either from an assignment or from the service and the applicant has failed to show through the evidence of record and the evidence submitted with his application that he was submitted for award of the BSM during the period in question and that it was not processed to completion.

3.  It is also noted that it is difficult at best to determine if the applicant earned the award of the BSM without a recommendation from his chain of command after the passage of 45 years.  Therefore, in the absence of such evidence there appears to be no basis to grant his request for award of an additional BSM.

4.  However, this action does not preclude the applicant from exercising his rights under Title 10 of the U.S. Code, section 1130.

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)                                         AR20110021028



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021028



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1