IN THE CASE OF:	

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023998 


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, that the citation describing his actions for award of the Bronze Star Medal (BSM) for heroism be rewritten.

2.  The applicant states the actions described in the citation for his award of the BSM is inaccurate.  The citation, as written, makes it appear that he had joined his companions who were already clearing enemy bunkers when, in fact, he had not joined with anyone.  When the lieutenant shouted clear the bunkers, he immediately relinquished his rifle in favor of two additional hand grenades and began to crawl towards the first bunker on his side of the enemy camp.  He did not join with anyone nor did anyone join with him.  After he had tossed grenades into two separate bunkers he heard explosions from the far side of the camp and saw a couple of Soldiers clearing bunkers on that side of the camp.  He then cleared a third bunker and returned to the lieutenant's position.

3.  The applicant believes the citation was written as it was in an effort to cover any individuals who may have been nominated for an award during this bunker clearing operation.  The situation was much more frightening than it sounds and his acting alone made it even more frightening.

4.  The applicant further states that he is appealing a denial decision for post traumatic stress disorder (PTSD) and feels this change to his BSM citation will have a beneficial influence on the PTSD decision.


5.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); General Orders Number 3021, 1st Infantry Division, dated 26 February 1970; a probate court order changing the applicant's last name; and a list of four former Soldiers who he has identified as being able to verify his statement of the events.

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.  Evidence of record and background information:

	a.  The applicant was inducted into the Army of the United States on 
12 September 1968.

* He held military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* He served in the Republic of Vietnam (RVN) from 28 September 1969 to 10 June 1970

	b.  He was awarded the BSM with "V" Device for heroism on 13 February 1970.  The citation, as shown on General Orders Number 3021, 1st Infantry Division, dated 26 February 1970, reads as follows:  "For heroism not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam:  On this date, [the applicant] was serving as a rifleman with his unit on an ambush operation 8 kilometers east of Fire Support Base Florida.  At approximately 1700 hours, another friendly force which was nearby was suddenly subjected to intense hostile fire.  Acting with tactical deliberation, [the applicant] immediately moved to assist his fellow comrades.  Observing several friendly casualties, [the applicant] disregarded his personal safety as he joined his companions in clearing five insurgent bunkers.  This action allowed the wounded personnel to be medically evacuated.  His courageous initiative and exemplary professionalism significantly contributed to the successful outcome of the engagement.  [The applicant's] outstanding display of aggressiveness, devotion to duty, and personal bravery is in keeping with the finest traditions of the military service, and reflect great credit upon himself, the 1st Infantry Division, and the United States Army."

3.  On 10 June 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and completed 1 year, 8 months, and 29 days of creditable active service.

4.  The applicant's DD Form 214 indicates his awards as:

* National Defense Service Medal
* Army Commendation Medal
* Bronze Star Medal with “V” Device
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual decorations.

	a.   One of the objectives of this regulation is to provide tangible recognition for acts of valor.

	b.  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.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the citation describing his actions for award of the BSM should be rewritten to show he acted alone.

2.  In the absence of evidence to the contrary, it is presumed that the contents of the subject citation is an honest and factually based opinion of the recommending official at the time.
3.  The available evidence does not show the contents of the statement contained in the general orders announcing the applicant's award of the BSM is in any way inaccurate or misleading.

4.  Furthermore, the governing regulation for award of personal decorations does not condone self-recognition.  As such, his uncorroborated personal statement of events surrounding his actions cannot be accepted as fact for the purpose of declaring the subject citation in error.

5.  The applicant's desire to now be recognized as suffering from PTSD, and or to obtain veterans medical benefits is not justification for rewriting the citation submitted in support of his BSM for valor.  Therefore, in view of the above, the applicant's request should be denied.

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)                                         AR20110023998



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ABCMR Record of Proceedings (cont)                                         AR20110023998



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