IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003449
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 correction of his records to show award of the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB).
2. The applicant states he did not think he could apply for the awards and decorations.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* After Action Report authored by CPT J.B., Battalion Adjutant, Headquarters, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division, for the period 31 December 1967 to 2 January 1968
* three interviews from the Commanding Officers of Companies A, B, and C, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division
* three photographs
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 applicants 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 applicants 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 the Army of the United States on 21 March 1967. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was specialist four/E-4.
3. On 8 June 2004, the Army Review Boards Agency, Support Division, St. Louis, MO, notified the applicant that his entitlement to the CIB had been verified. He was issued a DD Form 215 (Correction to DD Form 214) which added the CIB. Therefore, this issue will not be addressed further in this Record of Proceedings. A copy of the DD Form 215 will be provided to him.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. Item 38 (Record of Assignments), Company C, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division from 23 September 1967 through 20 January 1968.
b. Item 41 (Awards and Decorations):
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
5. On 22 January 1968, the applicant was honorably released from active duty due to hardship reasons and transferred to the U. S. Army Reserve for annual training. He completed 10 months and 2 days of credible active military service.
6. The applicant provides an After Action Report and three interviews from Commanding Officers of Companies A, B, and C, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division. The interviews describe enemy attacks which occurred on 1 January 1968.
7. Nothing in three typical sources shows he was recommended for or awarded the BSM:
* Item 41 of his DA Form 20 does not list award of the BSM
* There are no general orders in his records that show he was awarded the BSM
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any BSM orders on file for him
8. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award for award of the BSM was carefully considered.
2. The governing Army regulation states that for personal decorations (which include the BSM) formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of official orders, there is insufficient evidence to correct his records to show award of the BSM.
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) AR20120003449
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ABCMR Record of Proceedings (cont) AR20120003449
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