BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008341
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 award of the Bronze Star Medal (BSM).
2. The applicant states that he was assigned to the 3rd Platoon, G Troop,
2nd Squadron, 11th Armored Cavalry Regiment (ACR) in Vietnam.
a. After returning from the Cambodian invasion and sometime during the period August to October 1970, one of the unit's Sheridan tanks hit a mine and burst into flames. He thought some of the crewmembers were still inside the tank and attempted to rescue them. Afterwards, his platoon leader told him he was recommending him for the BSM.
b. He was reassigned to Headquarters Platoon and several weeks later his former platoon leader asked him if he had received the award, but he had not.
c. He adds that the BSM was never presented to him and he has no record of the award recommendation.
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 was inducted on 10 April 1969. He completed training and was awarded military occupational specialty 91B (Medical Specialist). He served in Vietnam from 6 January 1970 to 30 November 1970.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments):
* 37th Medical Company, 11th ACR, from 9 January through 31 May 1970
* Headquarters and Headquarters Troop, 2nd Squadron, 11th ACR, from 1 June through 24 November 1970
b. Item 41 (Awards and Decorations) does not show the BSM.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 1 December 1970.
a. He completed 1 year, 7 months, and 22 days of total active service that included 10 months and 25 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the BSM.
5. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded or recommended for the BSM.
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 U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any award orders pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. 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.
b. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon 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.
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, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 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 applicant contends that his records should be corrected to show award of the BSM; however, he provides no documentary evidence in support of his request.
2. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There is no evidence of record that shows the applicant was recommended for or awarded the BSM. Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show the award.
3. While the available evidence is insufficient for correcting the applicant's records to show award of the Bronze Star Medal, this in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 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 our Nation. 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.
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