BOARD DATE:	 31 March 2015 

		DOCKET NUMBER:  AR20140014005 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM).

2.  The applicant states the BSM was omitted at the time his DD Form 214 was prepared.  

3.  The applicant provides a certificate and citation for the BSM.

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 enlisted in the U.S. Army Reserve (USAR) on 13 May 1964.

3.  Unit Order Number 10, dated 16 April 1968, ordered the applicant's USAR unit, the 826th Ordnance Company, to active duty for a period of 24 months.  As a result, the applicant entered active duty on 13 May 1968.  

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 13 October 1968 to 3 September 1969.  His DA Form 20 does not show the BSM as an authorized award.

5.  There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM.

6.  He was honorably released from active duty on 10 September 1969.  His DD Form 214 does not show he was awarded the BSM.  

7.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders the show the applicant was awarded the BSM.

8.  He provided a BSM Certificate and citation that show he was awarded the BSM for service during the period October 1968 to August 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the BSM was carefully reviewed.

2.  There are no orders or other evidence in his military records that show he was awarded the BSM.  A review of ADCARS failed to reveal orders that show he was awarded the BSM.

3.  In the absence of orders showing he was awarded the BSM, the BSM Certificate and citation he provided are insufficient evidence on which to base correcting his DD Form 214 to show this award at this time.
4.  In view of the above, there is no basis to grant the requested relief.

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)                                         AR20140014005



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ABCMR Record of Proceedings (cont)                                         AR20140014005



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