IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140020332 


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 correction of his records to show he was awarded the Bronze Star Medal. 

2.  The applicant states when he came back from Vietnam and was stationed in Oakland, CA, during outprocessing they had the Bronze Star ribbon on his uniform.  He was informed before leaving Vietnam that he was awarded this medal.  He now wants the documentation and record that is part of his military record and for his family.  His grandson took his awards to school for Veterans Day and when he came back he asked for the name of the ribbon that was on the ribbon rack.  That is when he noticed the Bronze Star Medal.  The only documentation that he has is that his unit was involved in a major battle in Vietnam between 14 and 17 November 1967 and suffered numerous casualties.  He was informed he would be put in for the Bronze Star Medal. 

3.  The applicant does not provide any additional evidence. 

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 records show he enlisted in the Regular Army on 13 September 1966 and he held military occupational specialty 11F (Infantry Operations and Intelligence Specialist). 

3.  He served in Vietnam from 20 February 1967 to 17 February 1968.   He was assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st Infantry Division. 

4.  He was honorably released from active duty on 24 August 1969.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not show award of the Bronze Star Medal.  It shows  he was awarded or authorized the: 

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 

5.  His records do not contain orders awarding him the Bronze Star Medal.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.

6.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

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


8.  Army Regulation 600-8-22, paragraph 1-14 (Time Limitation), states award recommendations must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  However:

	a.  Section 1130 of the U.S. Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the member must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the member's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638. 

	b.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the requestor must submit his/her request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record that shows the applicant was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.

2.  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 by submitting a request through his Member of Congress under the provisions of 10 USC 1130, as outlined in the  Consideration of Evidence section above. 
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)                                         AR20140020332





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ABCMR Record of Proceedings (cont)                                         AR20140020332



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