BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110024808 


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 to be awarded the Bronze Star Medal (BSM) for his service in Vietnam.

2.  The applicant states he was told upon his departure from Vietnam that he was due a BSM, but he never received it and he desires to have it awarded if it is due to him.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in Montgomery, Alabama, on 2 October 1967 for a period of 3 years and training as a microwave radio equipment repairman.  He completed basic training at Fort Benning, Georgia, and advanced individual training at Fort Monmouth, New Jersey, before being transferred to Vietnam on 13 October 1968.

3.  He was initially assigned to the Long Lines Battalion-South and then to Company B, 369th Signal Battalion.  He departed Vietnam on 5 October 1969 and was transferred to Fort Huachuca, Arizona.

4.  He served 2 months in Alaska on temporary duty and then returned to Fort Huachuca where he remained until he was honorably released from active duty on 1 October 1970 due to the expiration of his term of service.  He completed 3 years of active service and his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

5.  A review of his official records failed to show any evidence the applicant was recommended for or awarded the BSM for his service in Vietnam.

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 orders awarding the applicant the BSM or any other awards.

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

8.  Army Regulation 600-8-22 states the BSM 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.

9.  Title 10, U.S. Code, section 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.

10.  The request, along 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.  While the sincerity of the applicant's claim that he was told he was due an award of the BSM is not in doubt, the applicant's official records do not contain and the applicant has not provided any evidence to support his contention.

2.  The passage of 40+ years since the applicant served in Vietnam makes it difficult at best to determine what happened in his case; however, without sufficient evidence to show he was recommended for award of the BSM and that it was lost or not processed to completion, there appears to be no basis to grant his request for award of the BSM at this time.

3.  Additionally, there is no entitlement to award of the BSM and there is insufficient evidence to establish the basis for which he would have been recommended.

4.  In the absence of sufficient evidence to show he was recommended for award of the BSM, there appears to be no basis to award it to him at this time.

5.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects the applicant's right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.



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 wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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)                                         AR20110024808



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ABCMR Record of Proceedings (cont)                                         AR20110024808



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