IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120008400 


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 record to show he was awarded the Bronze Star Medal (BSM). 

2.  He states he was recommended for award of the BSM during his service in Vietnam, but he did not get the award.

3.  He provides a U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit) and a proposed citation.

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 into the Army of the United States on 1 December 1969.  
3.  On 31 October 1971, Headquarters, USARV, issued General Orders Number 3066.  The orders announced award of the Army Commendation Medal (ARCOM) to him for his meritorious service in Vietnam from February to December 1971.  

4.  He was honorably released from active duty on 7 December 1971 and transferred to the U.S. Army Reserve (USAR).  His record shows he continued his service in the USAR until he was transferred to the Army of the United States Retired List on 29 September 2009 in the rank/grade of command sergeant major/E-9.  

5.  His record is void of documentation showing he was awarded the BSM.

6.  He provides a USARV Form 157-R showing he was recommended for award of the BSM for his service from 17 February to 20 December 1971.  The form bears the signatures of the originating officer and a medical group commander.  It does not show the final decision of the BSM approval authority.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  The regulation 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.  

	b.  The regulation provides that an award approval authority may approve, disapprove, downgrade, or upgrade a recommendation for an award.  

	c.  Paragraph 1-16 states a request for reconsideration or the appeal of a disapproved or downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority’s decision.  One time reconsideration by the award approval authority will be conclusive.

8.  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, including requests for reconsideration or appeal of a disapproved or downgraded award recommendations.  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.

9.  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 evidence of record does not support the applicant's request for correction of his record to show he was awarded the BSM.

2.  He provides documentation showing he was recommended for award of the BSM for the period 17 February to 20 December 1971.  Orders show he was awarded the ARCOM for the period February to December 1971.  Based on these records, it appears the approval authority determined the ARCOM was the appropriate award for his service and downgraded the BSM recommendation.  

3.  In view of the foregoing, there is no basis for correcting his record to show he was awarded the BSM.   

4.  While the available evidence is insufficient for correcting his record to show he was awarded a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his/her 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:

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)                                         AR20120008400





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ABCMR Record of Proceedings (cont)                                         AR20120008400



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