IN THE CASE OF:  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110021506 


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 the Bronze Star Medal (BSM) and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was a member of the 25th Infantry Division and they were awarded the BSM; however, it was not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 inducted in Omaha, Nebraska on 2 January 1969.  He completed his basic and advanced individual training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Fort Benning, Georgia to attend the Noncommissioned Officer Candidate Course.  He completed the course, was promoted to the pay grade of E-5 and was transferred to Fort Riley, Kansas, where he served in the operations section (G-3) of Headquarters, 24th Infantry Division. 

3.  On 15 January 1970, he was transferred to Vietnam for assignment as an operations sergeant in Headquarters, 25th Infantry Division.

4.  He departed Vietnam on 23 November 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on 24 November 1970.  He had served 1 year, 10 months, and 23 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.

5.  A review of his official records failed to reveal any evidence to show that he was awarded the BSM.  Additionally, 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 U.S. Army Human Resources Command, failed to reveal any orders awarding the BSM to the applicant.

6.  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.  

7.  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.

8.  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.  The applicant’s contention that he should be awarded the BSM for his service in Vietnam has been noted.

2.  The applicant contends that his unit was awarded the BSM; however, the BSM is an individual/personal decoration and is not authorized for award to units.  Additionally, the applicant has failed to show through the evidence of record and evidence submitted with his application that he was in fact recommended for or awarded the BSM.

3.  If in fact the applicant was never awarded the BSM, and while the available evidence is insufficient for the Board to award the applicant the BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  Therefore, there appears to be no basis to grant his request.

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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20110021506





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ABCMR Record of Proceedings (cont)                                         AR20110021506



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