IN THE CASE OF:	  

		BOARD DATE:  6 February 2014

		DOCKET NUMBER:  AR20130008827 


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) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit (LM) and any other awards he is authorized that are not reflected on his DD Form 214.

2.  The applicant states his lieutenant recommended him for award of the BSM in Vietnam and he never received it.  He also states he was awarded the LM at the time of his retirement that is not included on his DD Form 214.  He desires the addition of any other awards to which he is entitled as well.

3.  The applicant provides copies of his DD Forms 214 and his LM Certificate.

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 on 4 May 1964.  He completed training as an automotive repairman and remained on active duty through a series of continuous reenlistments.  He completed three overseas tours in Germany.  He completed an overseas tour in Vietnam during the period 15 August 1970 through 16 August 1971.  He was promoted to pay grade E-7 on 24 March 1977.

3.  He was appointed to the rank of warrant officer one on 1 October 1980 and promoted to the rank of chief warrant officer two (CW2) on 1 October 1982.  He was honorably retired on 30 June 1984 while serving in Germany.  He completed 20 years, 1 month, and 27 days of active service.  He was placed on the Retired List in the rank of CW2 effective 1 July 1984.

4.  His DD Form 214 issued at the time of his retirement shows he was awarded the National Defense Service Medal, Army Commendation Medal, Army Good Conduct Medal (5th Award), Republic of Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Service Ribbon, Overseas Service Ribbon (OSR), Noncommissioned Officer Professional Development Ribbon, and Driver Mechanic Badge.

5.  The LM Certificate submitted by the applicant shows he was awarded the LM on 15 May 1984 for meritorious service spanning more than 20 years.  The applicant has not provided and his records do not contain orders for the award of the LM.

6.  A review of his official records shows he is entitled to four awards of the OSR that are not shown on his DD Form 214.

7.  There is no evidence in the available records to show he was recommended for or awarded the BSM.

8.  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 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.  Army Regulation 600-8-22 states each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance.  For meritorious service awards at retirement, inclusion of service longer than that served within the command recommending the award is permitted.  The regulation recommends that these periods not exceed 10 years and states an extended period should only be considered in those cases where the length or nature of the individual's terminal assignment would not qualify him or her for an appropriate award.

10.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the OSR.

11.  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.  The request, along 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.

12.  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.  Although the applicant has not provided and the records do not contain orders awarding him the LM, it is reasonable to presume the LM Certificate presented by the applicant with his application is valid and he did receive the LM at the time of his retirement.  The LM would be a typical award for a retiring CW2.  Therefore, it would be appropriate to add award of the LM to his DD Form 214.

2.  The evidence shows he is entitled to award of the OSR with Numeral 4.

3.  The applicant has not specified and a review of his records failed to reveal any additional awards he may be authorized.  In the absence of evidence to show otherwise, there appears to be no basis to add any additional awards to his DD Form 214 at this time.

4.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects his 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 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting award of the OSR from his DD Form 214 for the period ending 30 June 1984
* adding award of the LM and OSR with Numeral 4 to his DD Form 214 for the period ending 30 June 1984

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to adding additional awards to his DD Form 214.



      _______ _  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)                                         AR20130008827



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008827



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1