IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080009651
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 that his separation document (DD Form 214) be corrected to add his Bronze Star Medal (BSM).
2. The applicant states that he received the BSM when he got out of the service. He now has the BSM, but no paperwork for the award.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he was inducted and entered active duty on 11 February 1969. He was awarded the military occupational specialty of communications chief, was promoted to pay grade E-5, and served in Vietnam from 21 July 1969 to 14 September 1970.
3. He was honorably released from active duty on 15 September 1970 as an overseas returnee. The DD Form 214 he was issued does not list the BSM as an authorized decoration.
4. The applicants DA Form 20, Enlisted Qualification Record, does not list the BSM.
5. The applicants records do not contain any orders or award recommendation for the BSM.
6. Army Regulation 600-8-22 provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not submitted any evidence to show he was awarded the BSM nor does his records contain any evidence that he was awarded the BSM.
2. As such, there is insufficient evidence in which to grant the applicants 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) AR20080009870
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009651
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027765
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM). The applicant's record does not contain any orders that show award of the BSM. ____________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.
ARMY | BCMR | CY2010 | 20100017890
The applicant states that the BSM is not documented in his military record. Accordingly, it would be appropriate to correct the applicant's record at this time to document his award of the BSM. The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the VSM with three bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.
ARMY | BCMR | CY2012 | 20120018817
The applicant states he has orders showing he was awarded the BSM in the Republic of Vietnam (RVN), but he never received the award and it does not show on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant's service personnel records and he did not provide any orders awarding him the BSM. There are no orders in the applicant's service personnel records and the applicant did not provide any orders awarding him the BSM.
ARMY | BCMR | CY2014 | 20140017003
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) (2nd Award). Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the VSM and adding the following awards to his DD Form 214: * BSM (2nd Award) * VSM with four bronze...
ARMY | BCMR | CY2014 | 20140010343
He requests his awards and training be included on his DD Form 214. The applicant's DA Form 20, item 41 (Awards and Decorations) lists the following awards: * NDSM * VSM * CIB * VCM * BSM * PH * ARCOM * BSM (Second Award) * ARCOM (Second Award) * Air Medal * PH (Second Award) * GCM * Expert Rifle M-14 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 22 November 1970 to: a....
ARMY | BCMR | CY2014 | 20140004472
The applicant requests that his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The citation provided by the applicant shows that the applicant was awarded the BSM for meritorious service during the period February 1969 to February 1970. However, the applicant has not provided and the available records do not contain orders awarding him the BSM.
ARMY | BCMR | CY2015 | 20150001412
The FSMs official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The FSMs OMPF does not contain any evidence to show he was ever recommended for or awarded the BSM by the appropriate award authority.
ARMY | BCMR | CY2010 | 20100029601
The applicant requests the Bronze Star Medal (BSM) with 1st Oak Leaf Cluster and Purple Heart (PH) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed two tours of duty in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from item 24 of his DD Form 214; and b....
ARMY | BCMR | CY2014 | 20140012438
Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served with 101st Administration Company, 101st Airborne Division, from 21 November 1968 to 2 November 1969. c. Item 41 (Awards, Decorations, and Campaigns) shows award of the following: * Vietnam Service Medal (VSM) * ARCOM * BSM * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Overseas Service Bars (2) * Army Good Conduct Medal (AGCM) 4. As a result, the Board recommends that...
ARMY | BCMR | CY2010 | 20100019360
There are no orders or any other evidence in his official military personnel file (OMPF) that show he was recommended for or awarded the ARCOM and/or BSM. In the absence of orders or any other corroborating evidence showing he was awarded or recommended for these awards, the citations and certificates alone are insufficient for basing a correction to his DD Form 214. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...