BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100014201
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 July 1970 be corrected to show award of the Bronze Star Medal.
2. The applicant states his social security number (SSN) on the certificate for the award of the Bronze Star Medal is "messed up."
3. The applicant provides copies of:
* a certificate and citation for award of the Bronze Star Medal
* his DD Form 214
* a letter, dated 26 June 1970, from his Congressional Representative
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's military personnel records show he was inducted into the Army of the United States on 10 December 1968. He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant served in Vietnam from 19 May 1969 through 12 July 1970. He served with the 2nd Battalion (Airmobile), 502nd Infantry from 10 June 1969 to 10 July 1970.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal.
5. On 12 July 1970, the applicant was released from active duty. He had completed 1 year, 7 months, and 3 days of active service that was characterized as honorable. Item 3 (Social Security Number) shows his SSN as 564-**-****. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Bronze Star Medal.
6. There are no orders in the applicant's military service records awarding him the Bronze Star Medal.
7. A 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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.
8. The Bronze Star Medal Certificate and the unsigned citation the applicant submitted show he was awarded the Bronze Star Medal for exceptionally meritorious service from 1 August 1969 to 31 May 1970 and both documents contain SSN 465-**-****.
9. The letter from the applicant's Congressional Representative congratulated him on being awarded the Bronze Star Medal. However, there were no orders attached to this letter.
10. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. The applicant provided a certificate and a citation for award of the Bronze Star Medal. However, the SSN on neither document match the applicant's SSN as it is shown on his DD Form 214. There are also no orders available showing the applicant was awarded the Bronze Star Medal. The awards regulation states approval through the chain of command and announcement in orders are required for award of the Bronze Star Medal.
3. In the absence of orders, the available evidence is insufficient for adding the Bronze Star Medal to the applicant's DD Form 214.
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.
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