IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016740 


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 the Silver Star and the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 11 June 1971.

2.  The applicant states he believes he was awarded the Silver Star and the Bronze Star Medal and they did not get annotated on his DD Form 214 when he was discharged.

3.  The applicant provides:

* DD Form 214
* three newspaper articles 

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 5 September 1969, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery, Basic).

3.  He was assigned to Battery A, 2nd Battalion, 11th Artillery in the Republic of Vietnam from 14 February 1970 to 12 December 1970.

4.  There are no recommendations to award him the Silver Star or the Bronze Star Medal in his Military Personnel Records Jacket (MPRJ).

5.  There are no orders in his MPRJ awarding him the Silver Star or the Bronze Star Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Silver Star or the Bronze Star Medal.

7.  On 11 June 1971, he was released from active duty.  His DD Form 214 does not show he was awarded the Silver Star or the Bronze Star Medal.

8.  The applicant submitted three newspaper articles reporting events during his service.

	a.  An undated article reported his return from the Republic of Vietnam.

	b.  An article, dated 2 November 1970, reported him being awarded the Army Commendation Medal for heroism in action.

	c.  An article, dated 29 December 1970, reported him being awarded the Bronze Star Medal for distinguishing himself through meritorious service in connection with military operations against hostile forces in Vietnam.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders awarding him the Silver Star or the Bronze Star Medal.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.  

11.  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.  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.

12.  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 newspaper article dated 29 December 1970 reporting him being awarded the Bronze Star Medal without corroborating substantive evidence is insufficient to show he was awarded the Bronze Star Medal.

2.  His DA Form 20 does not indicate he was awarded the Silver Star or the Bronze Star Medal.  A review of ADCARS failed to reveal any orders awarding him the Silver Star or the Bronze Star Medal.  There are no orders in his MPRJ awarding him the Silver Star or the Bronze Star Medal.  Therefore, there is insufficient evidence to support adding the Silver Star or the Bronze Star Medal to his DD Form 214.

3.  While the available evidence is insufficient for awarding the applicant the Silver Star or the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Silver Star and the Bronze Star Medal by submitting a 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:

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)                                         AR20130016740



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016740



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1