`
IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20080019553
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM). He also requests that he be issued the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM).
2. The applicant states that he was awarded the BSM while on the battle field in Vietnam. However, he was not issued the NDSM, VSM, and the VCM and he believes that it was an oversight.
3. The applicant provides a copy of 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 DD Form 214 shows he enlisted in the Regular Army on
18 March 1966 and that he was honorably released from active duty on
15 December 1968.
3. Entries on the applicants DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the NDSM, VSM, Purple Heart, Parachutist Badge, VCM, Army Commendation Medal and the Combat Infantryman Badge. The BSM is not shown on the applicants DD Form 214.
4. The applicant requests the issuance of the NDSM, VSM and VCM. However, requests for replacement of service medals and service ribbons do not fall under the purview of the ABCMR. The applicant may request replacement medals or service ribbons by contacting the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Therefore, there is no action required by the Board concerning this issue and as a result it will not be discussed further in the Record of Proceedings.
5. There are no orders in the applicants service personnel records that show he was awarded the BSM.
6. There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the BSM.
7. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the BSM to the applicant.
8. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the BSM may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. 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 he was awarded the BSM is acknowledged; however, the applicant provided no orders showing he was awarded the BSM. No evidence was found in his service personnel record or in the ADCARS data base to support addition of the BSM to the applicant's DD Form 214.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it mist otherwise satisfactorily appear, that the record is in error or unjust.
3. In view of the foregoing, there is no basis for granting the applicants request.
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.
_______ _ _XXX______ ___
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) AR20080019553
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019553
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015334
Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting all entries in Item 24 of his DD Form 214; b. awarding him the Army Good Conduct Medal for the period from 8 September 1966 to 9 June 1969; and c. showing in Item 24 of his DD Form 214: * Bronze Star Medal...
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 | CY2012 | 20120004664
The applicant requests: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (BSM) and all other awards to which he is entitled; and b. correction of his service number on his BSM Certificate and Citation. There are no orders in the applicant's service personnel records and he has not provided evidence that shows he was awarded a second BSM. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080018331
The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty. The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for 2 bronze service stars with his VSM. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving...
ARMY | BCMR | CY2009 | 20090006985
Application for correction of military records (with supporting documents provided, if any). Item 40 of the record copy of the FSM's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in the list of awards contained in Item 41. The applicant provided a copy of page 4 of the FSM's DA Form 20 showing the FSM was awarded the PH and the BSM.
ARMY | BCMR | CY2010 | 20100021457
Item 24 of his DD Form 214 for the period ending 1 February 1972 shows the: * NDSM * VCM [Republic of Vietnam Campaign Medal with Device (1960)], * BSM * ARAVBAD [Army Aviator Badge] 13. 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 BSM pertaining to...
ARMY | BCMR | CY2015 | 20150000402
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a Bronze Star Medal (BSM) (2nd Award) and a Korean Service Medal (KSM). His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea from 31 July 1966 through 20 March 1967. The evidence of record does not support the applicant's request for award of the KSM since his initial enlistment was well after the end of the period...
ARMY | BCMR | CY2010 | 20100027309
The applicant was inducted into the Army of the United States on 28 October 1966. The applicant's DA Form 20 shows an entry for the Purple Heart, indicating he was authorized the award and that his entitlement to the award could be substantiated. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 4 September 1968; b. deleting "MKM (M-14)" and "VSM" from item 24 of his...
ARMY | BCMR | CY2011 | 20110003579
The applicant requests, in effect, correction of his military records to show award of the Purple Heart for facial injuries he received in combat while serving in the Republic of Vietnam (RVN). The applicant requests, in effect, correction of his military records to show award of the Purple Heart for facial injuries he received in combat while serving in the RVN. The applicant's name is not listed on the Vietnam Casualty Roster and Item 40 of his DA Form 20 does not show a record of any...
ARMY | BCMR | CY2008 | 20080017868
As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 9 November 1965 through 28 September 1968. As a result, absent any evidence of record or independent evidence provided by the applicant that shows he was awarded the BSM with oak leaf cluster while serving on active duty, there is an insufficient evidentiary basis to support granting this portion of the requested relief. As a result, the Board recommends that all...