IN THE CASE OF:    

		BOARD DATE:  9 June 2015	  

		DOCKET NUMBER:  AR20140018512 


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.

2.  The applicant states as a Combat Infantryman Badge recipient he is requesting the Bronze Star Medal in accordance with Executive Order 11046.  He states the issuing authority's lack of knowledge of Executive Order 11382 resulted in him not being awarded the Bronze Star Medal. 

3.  The applicant provides 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.  On 28 June 1966, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

3.  He was assigned to the 1st Battalion, 28th Infantry in the Republic of Vietnam from 21 May 1967 to 30 January 1968.

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

5.  There are no orders in his MPRJ awarding him 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 Bronze Star Medal; however it does show he was awarded the Combat Infantryman Badge.

7.  On 2 July 1968, he was released from active duty.  His DD Form 214 does not show he was awarded the Bronze Star Medal; however, the Combat Infantryman Badge is listed.

8.  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 Bronze Star Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  Executive Order 11046 provided that the Bronze Star Medal, with accompanying ribbons and appurtenances, which was first established by Executive Order No. 9419 of 4 February 1944 may be awarded by the Secretary of a military department or the Secretary of Transportation with regard to the Coast Guard when not operating as a service in the Navy, or by such military commanders, or other appropriate officers as the Secretary concerned may designate, to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States, after December 6, 1941, distinguishes, or has distinguished, himself by heroic or meritorious achievement or service, not involving participation in aerial flight-

	a.  while engaged in an action against an enemy of the United States;

	b.  while engaged in military operations involving conflict with an opposing foreign force; or

	c.  while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

11.  Executive Order 11382 was an amendment of executive orders relating to functions of the Department of Transportation.

12.  Title 10, 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.

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

2.  The provisions for awarding Bronze Star Medal based on the award of the Combat Infantryman Badge do not apply in this case.  The Bronze Star Medal was awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  The applicant's service was during the Vietnam War.

3.  While the available evidence is insufficient for awarding the applicant the  Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for 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)                                         AR20140018512



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ABCMR Record of Proceedings (cont)                                         AR20140018512



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