BOARD DATE: February 17, 2010
DOCKET NUMBER: AR20090014823
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 the award was never put on his DD Form 214.
3. The applicant provides an award certificate for the Bronze Star Medal and a copy of his DD Form 214 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.
2. The applicant enlisted in the Regular Army (RA) on 27 July 1970 for a period of 3 years. He served in military occupational specialty (MOS) 11B (light weapons infantryman) in Vietnam from 21 December 1971 to 22 June 1972. On 27 April 1973, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Bronze Star Medal as an authorized award.
4. There are no orders for the Bronze Star Medal in the available records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star 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 Bronze Star Medal pertaining to the applicant.
7. In support of his claim for the Bronze Star Medal, the applicant provided an award certificate, dated 12 June 1972, for the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period December 1971 to June 1972 in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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:
There are no orders in the available records and the applicant did not provide any orders for the Bronze Star Medal. In the absence of orders officially awarding him the Bronze Star Medal or any other corroborating evidence, the award certificate provided by the applicant is not sufficient alone as a basis for amending his DD Form 214 to show this award.
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) AR20090014823
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090014823
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120020830
The applicant provided a Bronze Star Medal Citation indicating he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 10 March 1971 to 9 March 1972. ADCARS did reveal orders awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the same period as shown on the Bronze Star Medal Certificate and Citation the applicant...
ARMY | BCMR | CY2014 | 20140010556
His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: a. item 5 (Oversea Service), he served in the Republic of Vietnam from 3 October 1969 to 29 September 1970.and from 9 August 1971 to 7 August 1972 b. item 9 (Awards, Decorations and Campaigns), no entry for award of the Bronze Star Medal. His service record also includes Headquarters, 1st Aviation Brigade, General Orders Number 0235, dated 24 August 1970, awarded him the Army Commendation Medal for meritorious service from...
ARMY | BCMR | CY2011 | 20110008738
His record contains orders showing he was awarded the AM (2nd through 5th Award). His records show he participated in three campaigns while serving in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (First Award) for the period 8 February 1971 through 7 February 1974; b. deleting the VSM with one bronze service star from his DD Form 214; and c. adding the following to his DD Form 214: *...
ARMY | BCMR | CY2010 | 20100020652
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Reconnaissance Sergeant School, Republic of Vietnam Medal [interpreted to mean the Republic of Vietnam Campaign Medal with Device (1960)], Air Medal, Bronze Star Medal, and the Presidential Unit Citation. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal. As a result, the Board...
ARMY | BCMR | CY2015 | 20150002865
There are no general orders (GO) confirming award of the Bronze Star Medal in his service records and his DA Form 20 (Enlisted Qualification Record) does not list this award as an authorized award in item 41 (Awards and Decorations). Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140017676
A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the Bronze Star Medal. A review of his personnel service records failed to reveal evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal. Although the applicant provided a certificate which indicates he was awarded the Bronze Star Medal, the document alone is not considered sufficient evidence upon...
ARMY | BCMR | CY2011 | 20110014832
Headquarters, United States Army Vietnam/MACV Support Command General Orders Number 2598, dated 15 December 1972, awarded him the Air Medal for the period July 1972 to August 1972. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. Changing his MOS in item 23a of his DD Form 214 to read 67N2F; and c. amending item 24 of his DD Form 214 by deleting the...
ARMY | BCMR | CY2008 | 20080014805
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. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. __________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 | 20100016747
There are no orders in the applicant's personnel records awarding him the Bronze Star Medal. Records show the applicant participated in three campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 24 February 1971 to 13 April 1972; b. deleting the VSM from his DD Form 214; c. adding the AGCM (1st Award), VSM with three bronze service...
ARMY | BCMR | CY2010 | 20100012447
The applicant states the orders for his Bronze Star Medal and his Air Medal (9th Award) were found in his DA Form 201 (Military Personnel Records Jacket); however, they were never issued to him while he was in the Army. The applicant's records do not contain orders awarding him the Air Medal (9th Award). 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 to add the following awards: * Bronze Star...