IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120005495 


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, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Bronze Star Medal (BSM) and service in the Republic of Vietnam (RVN).

2.  The applicant states he served in the RVN for 5 1/2 months and was awarded the BSM.  He contends that he cannot receive service connected treatment from the Department of Veterans Affairs (VA) without this records correction.

3.  The applicant provides copies of his VA Rating Decision (cover page only), dated 24 October 2011; a letter from the VA, dated 9 February 2012; and VA Form 21-526b (VA Claim Form), dated 20 January 2012.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, on behalf of the applicant, that his request for award of the BSM and credit for service in the RVN be reviewed.

2.  Counsel states the issues raised on the application and supporting documentation amply advance his contentions and substantially reflect the probative facts needed for an equitable review.

3.  Counsel provides no additional documentation.



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.  On 8 May 1972, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 95B (Military Policeman).

3.  On 28 November 1972, the applicant departed Fort Gordon, Georgia for duty at Fort Bliss, Texas, where he was assigned for duty with the 591st Military Police (MP) Company.

4.  On 20 September 173, the applicant was advanced to specialist four, pay grade E-4, while assigned to the 591st MP Company.

5.  On 7 May 1974, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years of creditable active duty service.

6.  The applicant's DD Form 214 indicates that:

	a.  he was separated from active duty at Fort Bliss, Texas;

	b.  he had no foreign service;

	c.  he was awarded the National Defense Service Medal, Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	d.  he received an honorable characterization of service.


7.  The Department of Veterans Affairs, Federal Benefits for Veterans, Dependents and Survivors, 2011 Edition, states that certain VA benefits require service during wartime.  Under the law, the VA recognizes the Vietnam War period as being from 5 August 1964 to 7 May 1975.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the BSM.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

9.  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.

10.  Army Regulation 635-5 (Separation Documents), effective 23 August 1973, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided:

	a.  that all completed foreign service would be shown; and

	b.  that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Soldier's qualification record were to be entered.

11.  The VA Rating Decision (cover page only) provided by the applicant states that his military records show he is a veteran of the Vietnam era with service from 8 May 1972 to 7 May 1974.  It further explains to him what may be granted for service connection.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the BSM and 5 1/2 months service in the RVN.

2.  A review of the applicant's military records shows he was trained for duty as an MP and subsequently served at Fort Bliss, Texas, where he was separated in 1974.  There is no available evidence showing that he ever served outside of the United States.
3.  The VA has clearly identified the applicant as a veteran who served during the Vietnam era, but was not credited with actual service in the RVN.

4.  There are no general orders available showing the applicant was awarded the BSM.  Furthermore, he has not provided sufficient documentation or convincing argument that he had actually served in the RVN.

5.  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)                                         AR20120005495





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ABCMR Record of Proceedings (cont)                                         AR20120005495



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