IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014  	  

		DOCKET NUMBER:  AR20140002931 


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 records to show he was awarded the Bronze Star Medal. 

2.  The applicant states, in effect, he served in Vietnam from 1970 to 1971.  He worked as the Drug and Alcohol Coordinator which involved setting up and managing a massive program.  His job was to organize the program, administer tests, and place individuals in rehabilitative facilities.  This was dangerous work and he was in the field most of the time.  General V____ was pleased with his work.  As he was leaving the country, he received a call from Major L____ who told him he had been awarded the Bronze Star Medal.  He never heard anything else about this award.  He has made several attempts to find out what happened to this award to no avail.  He needs this Board's help in locating Major L____ and asking him about the Bronze Star Medal.  He has exhausted all the avenues available to him and believes this Board may be able to help him. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* Letter from the U.S. Army Human Resources Command (HRC)





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.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 30 May 1970.  He entered active duty on 7 October 1970.

3.  He served in Vietnam from 17 April 1971 to 4 April 1972.  He was assigned as a Drug Abuse Officer to the U.S. Army Support Command-Saigon. 

4.  General Orders (GO) Number 224, issued by Headquarters, U.S. Army Support Command-Saigon, on 18 February 1972, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from June 1971 to February 1972. 

5.  His records do not contain a recommendation or orders for award of the Bronze Star Medal.  Likewise, his DA Form 66 (Officer Qualification Record) does not list this award. 

6.  He was honorably released from active duty on 7 April 1972.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Army Commendation Medal. 

7.  On 25 June 1973, in response to his inquiry, an Army Congressional Liaison informed the applicant's Member of Congress that there was no record found to show the applicant was authorized the Bronze Star Medal.  He was, however, awarded the Army Commendation Medal.  He may not receive two awards for the same period of service. 

8.  On 6 January 2014, an HRC official notified the applicant that there was no record of an award of the Bronze Star Medal.  He was also informed of his right to submit a request under Title 10, U.S. Code, section 1130 (10 USC 1130).  

9.  Army Regulation 600-8-22 (Military Awards) states: 

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

	b.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment. Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.

10.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record. It is not an investigative body.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

11.  Title 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.  There is insufficient evidence to support the applicant's contention regarding the Bronze Star Medal.  Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant's records do not contain and he does not provide orders showing he was awarded the Bronze Star Medal.  

2.  Furthermore, by regulation, only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. The applicant's records contain GO that confirm his award of the Army Commendation Medal for achievement from June 1971 to February 1972. 

3.  It is possible the applicant may have been recommended for award of the Bronze Star Medal but the final approving authority may have approved a lesser award of the Army Commendation Medal.  It is equally possible the applicant was never recommended for the Bronze Star Medal.  Either way, in the absence of orders, there is insufficient evidence to support his request.  

4.  Nevertheless, while the available evidence is insufficient for adding the Bronze Star Medal to his records, this in no way affects his right to pursue his claim for the Bronze Star Medal, or an upgrade of the Army Commendation Medal to an award of the Bronze Star Medal, by submitting a request through his Member of Congress under the provisions of 10 USC 1130, as outlined in Consideration of Evidence section above. 

5.  As for the issue of locating Major L____, the applicant is reminded that this Board corrects military records; it is not an investigative agency.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.






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)                                         AR20140002931



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ABCMR Record of Proceedings (cont)                                         AR20140002931



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