IN THE CASE OF:	 

		BOARD DATE:	  4 December 2008

		DOCKET NUMBER:  AR20080005713 


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 two Bronze Star Medals (BSMs) and a Purple Heart be added to his separation document (DD Form 214).

2.  The applicant states that he earned the awards and they should be listed on his DD Form 214.

3.  The applicant does not provide any additional documents 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 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 29 January 1997, the Board denied the applicant's request for the Purple Heart.  
3.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  Since the applicant's request for reconsideration of the Board's denial of his request to have the Purple Heart added to his DD Form 214 is dated well over a year past the Board's decision, this portion of the applicant's request will not be addressed further in these proceedings.

4.  The applicant's military records show that he enlisted in the Regular Army on 1 November 1965, was awarded the military occupational specialties of infantryman indirect fire crewman and light truck driver, and served in Vietnam from 23 August 1966 to 11 August 1967 as a mortar crewman and truck driver.

5.  The applicant was honorably released from active duty at the expiration of his term of service on 31 October 1968.

6.  The applicant's military records do not contain any orders or award recommendations for the BSM.

7.  The applicant's DA Form 20, Enlisted Qualification Record, Item 41, Awards and Decorations, does not list the BSM.

8.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, does not show any orders published to award the applicant the BSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded two BSM and they were omitted from his DD Form 214.  However, there is no evidence in the applicant’s records and the applicant has not provided any evidence to confirm that he was awarded the BSM.

2.  The Board reviews a case with a presumption of regularity; that what the Army did was proper and just.  The burden to prove otherwise rests with the applicant.

3.  Since the applicant has not overcome this burden of proof, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20080005713



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ABCMR Record of Proceedings (cont)                                         AR20080005713



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