IN THE CASE OF:
BOARD DATE: 19 MAY 2009
DOCKET NUMBER: AR20090000435
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 award of the Bronze Star Medal.
2. The applicant states that he was awarded the Bronze Star Medal on 24 August 1969 after his DD Form 214 had already been issued. He states that he has been denied certain Department of Veterans Affairs (VA) benefits due to the Bronze Star Medal not being on his DD Form 214.
3. The applicant provides a copy of his DD Form 214; a citation for award of the Bronze Star Medal; a certificate for award of the Bronze Star Medal; and a newspaper article indicating he was awarded the Bronze Star Medal in support of his application.
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.
3. The applicant was inducted into the Army of the United States on 9 November 1967. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He was later reclassified into MOS 71B (Clerk Typist). He served in Vietnam from 21 April 1968 to on or about 9 June 1969. His highest rank/grade attained was specialist four (SP4)/E-4.
4. The applicant provided a citation which shows he was awarded the Bronze Star Medal for meritorious service from September 1968 to June 1969.
5. The applicant provided a certificate, dated 10 July 1969, for award of the Bronze Star Medal for meritorious achievement from September 1968 to June 1969. He also provided a newspaper article with a photograph of [him] holding a citation for award of the Bronze Star Medal.
6. There are no orders available that show award of a Bronze Star Medal to the applicant.
7. The applicant was honorably released from active duty on 12 June and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 does not show the Bronze Star Medal as an authorized award.
8. 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 Bronze Star Medal pertaining to the applicant. Additionally, item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal.
9. 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 Bronze Star Medal 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 contends that he was awarded the Bronze Star Medal on 24 August 1969. Although he provided a citation and award certificate for the Bronze Star Medal, absent orders authorizing him award of the Bronze Star Medal, these documents alone are not sufficient to support correction of his records to show award of the Bronze Star Medal.
2. However, if the applicant has orders for award of the Bronze Star Medal, he is advised to provide a copy of these orders for reconsideration of his 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) AR20090000435
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000435
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023442
There is no evidence in his records and he provides none to show he was awarded a second award of the Bronze Star Medal with "V" Device. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 April 1968 through 8 April 1970; and b....
ARMY | BCMR | CY2011 | 20110020842
His DD Form 214 shows he is authorized the following awards: * National Defense Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal * Vietnam Service Medal * Purple Heart * Bronze Star Medal 12. 15. Review of his Official Military Personnel File failed to reveal any additional orders awarding him the Purple Heart or Bronze Star Medal. 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,...
ARMY | BCMR | CY2011 | 20110011763
The applicant requests the Bronze Star Medal, Purple Heart, and the Combat Infantryman Badge be added to his DD Form 214 (Report of Transfer or Discharge). 101st Airborne Division General Orders Number 7078 of 10 October 1968 awarded the applicant the Bronze Star Medal for meritorious achievement in ground operations against a hostile force for the period August 1967 to August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090008915
There are no orders for the Bronze Star Medal in the available records. The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the entry "VSM"; and b. adding to item 24 of his DD Form 214 the Army Commendation...
ARMY | BCMR | CY2010 | 20100010872
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal, two awards of the Overseas Service Bar, Good Conduct Medal, Meritorious Unit Commendation (MUC), and Army Commendation Medal (ARCOM). The applicant states: * He was awarded the BSM, Republic of Vietnam Campaign Medal with Device (1960), two awards of the...
ARMY | BCMR | CY2013 | 20130022235
The applicant requests 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. The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110010196
This pamphlet shows the 23rd Administration Company was cited in Department of the Army General Orders (DAGO) Number 53, dated 1970, for award of the Meritorious Unit Commendation during the time of the applicant's assignment. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090017176
The DD Form 214 contained in the applicant's record shows his period of service from 9 June 1966 to 7 December 1968. The evidence also shows that the applicant participated in six campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period ending 7 December 1968 the "Flying Cross" and Vietnam Service Medal and b. adding to item 24 of...
ARMY | BCMR | CY2013 | 20130017203
The applicant states he was awarded an Army Commendation Medal for his service in Vietnam, but the award is not listed on his DD Form 214. The applicant requests correction of his DD Form 214 to show award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 24 May 1968 through 21 May 1971 and b. adding the following awards...
ARMY | BCMR | CY2013 | 20130008737
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. He was awarded the Vietnam Service Medal. 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 Air Medal, Vietnam Service Medal, and...