IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014745 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014745 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014745 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 the rest of his unit received the medal but he did not. 3. The applicant provides copies of two Letters of Appreciation with endorsements. 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 1 April 1968, the applicant was inducted into the Army of the United States. He completed training for military occupational specialty 64B (Heavy Vehicle Operator). 3. His DA Form 20 (Enlisted Qualification Record) provides the following – * advancement to specialist four (SP4) * assignment in Vietnam to the 444th Transportation Company from 18 September 1969 through 19 March 1970 * award of the – * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal * Sharpshooter Qualification Badge with Rifle Bar 4. The applicant received two Letters of Appreciation for his service in defense of convoy operations on 12 February 1970. 5. On 23 March 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the – * National Defense Service Medal * Sharpshooter Qualification Badge with Rifle Bar (M-14) * Expert Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal 6. 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 for the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Section 1130 of the United States Code (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. a. A request for an award under 10 USC 1130 requires submission of a DA Form 638 (Recommendation for Award) that clearly identify the individual’s unit, the period of assignment, the award being recommended, and the award actually received (if any). A narrative of the actions or period for which the individual is requesting recognition must accompany the DA Form 638. 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. b. A request under 10 USC 1130 must be referred by a Member of Congress to the Secretary of the Army at the following agency:  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: 1. The available records show no evidence the applicant was recommend for or awarded the Bronze Star Medal. It is noted that he was commended for his actions in defense of convoy operations on 12 February 1970. It appears his chain of command determined the letters he received were the appropriate recognition for his actions. 2. A recommendation to deny relief in this case would in no way preclude the applicant from pursuing award of the Bronze Star Medal under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014745 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014745 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2