IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100010758
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 record to show the Bronze Star Medal (BSM) and that it be added to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he wants his records to acknowledge that he was awarded the BSM in 1969. At the time of his separation he was not aware of the consequences of this omission and did not understand the impact it would have on his Department of Veterans Affairs benefits.
3. The applicant provides no documentary evidence 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 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's record shows he was initially inducted into the Army of the United States and entered active duty on 16 April 1968. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 23 November 1968 through 17 November 1969. Item 41 (Awards and Decorations) does not include the BSM in the list of earned awards entered.
3. On 22 November 1969, the applicant was honorably released from active duty after completing 1 year, 7 months, and 9 days of active military service. The DD Form 214 he was issued at the time shows he earned the following awards during the period covered by the DD Form 214 (16 April 1968-22 November 1969):
* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)
* Meritorious Unit Commendation (MUC)
4. On 29 January 1975, the applicant enlisted in the Regular Army. His DA Form 2-1 (Personnel Qualification Record - Part II) does not include the BSM in the list of earned awards entered in item 9 (Awards, Decorations, and Campaigns). Item 33 (Reviewed) shows the applicant last reviewed his DA Form 2-1 on 10 February 1977.
5. The applicant's record is void of any orders or other documents that show he was ever recommended for or awarded the BSM while serving on active duty.
6. On 27 January 1978, the applicant was honorably discharged in the rank of specialist four/E-4 after completing 3 years of active duty service during the period covered by the DD Form 214 (29 January 1975-27 January 1978) and a total of 4 years, 7 months, and 9 days of active military service. The DD Form 214 he was issued at the time shows he earned the following awards:
* NDSM
* ARCOM
* VSM
* RVNCM
* MUC
* Expert Marksmanship Qualification Badge with Rifle Bar
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states that it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star. The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should acknowledge he was awarded the BSM and that it should be added to his DD Form 214 has been carefully considered. However, the evidence is not sufficient to support this claim.
2. The evidence of record is void of any indication the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty. The BSM is not included in the awards listed on his DA Form 20, DA Form 2-1, or his DD Forms 214.
3. Further, the applicant's official military personnel file is void of any orders or other documents that show he was ever recommended for or awarded the BSM during his military service and he has failed to provide any independent evidence showing he was awarded the BSM while serving on active duty as he asserts. As a result, there is an insufficient evidentiary basis to support adding the BSM to his record and DD Form 214 at this time.
4. The applicant and all others concerned should know that this action related to award of the BSM in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100010758
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ABCMR Record of Proceedings (cont) AR20100010758
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