BOARD DATE:     29 May 2014

		DOCKET NUMBER:  AR20130015827 


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 and, in effect, reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was never given Bronze Star Medal that all others received.

3.  The applicant provides copies of:

* his DD Form 214
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log), dated 
9-10 February 1968
* photograph
* six email messages and three letters from fellow Soldiers relating to the incident in which the applicant's Clark 290 Scraper tractor hit a land mine
* Department of Veterans Affairs (VA) Rating Decision, dated 13 June 2013

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's previous request for correction of his records to show award of the Purple Heart was denied in ABCMR Docket Number AC98-10869, dated 7 October 1998.  His reconsideration request, dated 11 January 2010, was administratively closed by letter on 22 June 2010.  This portion of his current application will not be further discussed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 10 January 1966.  He held military occupational specialty 62L (Heavy Equipment Operator).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), service in Vietnam from 11 April 1967 through 7 April 1968;

	b.  item 38 (Record of Assignments), assignment to Company C, 589th Engineer Battalion (Construction), from 11 April 1967 through 9 April 1969; and

	c.  item 41 (Awards and Decorations), no Bronze Star Medal.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 20 December 1968 in the rank of specialist four/E-4.  He completed 2 years, 11 months, and 11 days of active duty service.  The Bronze Star Medal is not listed among his awards.

6.  A review of the applicant's military personnel records failed to reveal any orders showing he was awarded the Bronze Star Medal.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Title 10, U.S. Code, section 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.

10.  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:

While the available evidence is insufficient for awarding him the Bronze Star Medal and correcting his DD Form 214 to show this award, this in no way affects his right to pursue his claim for the award 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 

________  ________  ________  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 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)                                         AR20130004646



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ABCMR Record of Proceedings (cont)                                         AR20130015827



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