IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150003279
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 record to show he was awarded the Bronze Star Medal.
2. The applicant states he was told by a processing officer that he was awarded the Bronze Star Medal; but he never received the award. He would like the Army Board for Corrections of Military Records (ABCMR) to conduct an investigation to determine whether or not the processing officer was correct. If the processing officer's statement is found to be true, he should receive the Bronze Star Medal.
3. The applicant provides no additional evidence in support of his request.
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 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 was inducted in to the Army of the United States on
5 December 1968, but appears to have subsequently enlisted in the Regular Army on 12 December 1968. He held military occupational specialty 52D (Power Generator Equipment Repairman) and attained the rank/grade of specialist five (SP5)/E-5.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal.
4. His records do not contain a recommendation for award of the Bronze Star Medal or orders awarding him the Bronze Star Medal.
5. 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal orders that awarded him the Bronze Star Medal.
6. The applicant was released from active duty on 13 September 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards), paragraph 3-14, states 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.
8. 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.
9. 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 (HRC), 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:
There is no evidence in the applicant's available record that shows he was awarded or recommended for the Bronze Star Medal. The governing Army regulation states that for personal decorations, including the Bronze Star Medal, formal recommendation, approval through the chain of command and announcement of orders are required. However, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request to HRC 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) AR20150003279
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ABCMR Record of Proceedings (cont) AR20150003279
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