BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019434
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, the wife of a deceased former service member (FSM), requests the FSM's record be corrected to show award of the Bronze Star Medal.
2. The applicant states the Bronze Star Medal was omitted from the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides the following documentary evidence:
* DD Form 214 with a separation date of 7 October 1968
* Bronze Star Medal Certificate
* marriage license
* death certificate
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 FSM was inducted into the Army of the United States on 26 October 1966 for 2 years. He successfully completed his individual training and was awarded military occupational specialty 13A (Field Artillery Basic).
3. The FSM's personnel service record shows he served in the Republic of Vietnam from 9 April 1967 to 6 October 1968 as a cannoneer with Battery B, 1st Battalion, 77th Artillery, 1st Cavalry Division.
4. Item 41 (Awards and Decorations) of the FSM's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.
5. On 7 October 1968, the FSM was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation. He was issued a DD Form 214 that shows he was credited with 1 year, 11 months, and 12 days of active service of which he served 1 year, 5 months, and 29 days of foreign service in the U.S. Army Pacific geographic region.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded and Authorized) of the FSM's DD Form 214 shows the following awards:
* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars
7. A review of the FSM's available personnel service record does not show orders were published awarding him the Bronze Star Medal.
8. 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 for the Bronze Star Medal pertaining to the FSM.
9. As evidence to support correction of the FSM's DD Form 214, the applicant provided a copy of a Bronze Star Medal Certificate that shows the FSM was awarded the Bronze Star Medal on 8 November 1968 for meritorious achievement during the period November 1967 to November 1968.
10. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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 meritorious 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:
There are no orders available in the FSM's personnel service record or in ADCARS awarding the FSM the Bronze Star Medal for his service in the Republic of Vietnam. Regrettably, without official military orders announcing this award, there is insufficient evidence on which to base having his records corrected to show award of the Bronze Star Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ____x__ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her deceased husband's
service to our Nation. The applicant and all Americans should be justifiably proud of her deceased husband's service in arms.
___________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) AR20100019434
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019434
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019560
Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The FSMs service record does not show he was recommended for or awarded the Army Achievement Medal. However, the FSMs service record does not contain any orders or other evidence which shows he was recommended for or awarded the Army...
ARMY | BCMR | CY2014 | 20140001287
Therefore, the evidence is sufficient to show the FSM was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 5 November 1968 to 10 June 1970 ending with the termination of a period of active Federal service. 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 (First Award) for the period of service from 5 November 1968 to 10...
ARMY | BCMR | CY2004 | 20040009775C070208
There are no orders in the FSM’s service personnel records which show that he was awarded the Purple Heart and there is no evidence in his personnel records that shows he was treated for wounds as a result of hostile action. The Board accepts the evidence provided by the applicant as sufficient to show the FSM is entitled to award of the Purple Heart for wounds sustained during hostile action on 30 November 1968 in Vietnam. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100028173
The applicant provided a copy of General Orders Number 2097, issued by Headquarters, 101st Airborne Division (Airmobile), dated 15 April 1971, awarding the FSM the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period June 1970 to April 1971. General orders awarded the FSM the Bronze Star Medal and the Army Good Conduct Medal; however, these awards are not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY1996 | 9608087C070209
His rank and pay grade on his DD Form 214 (Report of Transfer or Discharge) is shown as Private E-1. It does not show award of the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge with rifle bar, or the Combat Medical Badge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge...
ARMY | BCMR | CY2015 | 20150001748
1st Signal Brigade (U.S. Strategic Command) General Orders Number 499, dated 21 June 1968, awarded the FSM the Purple Heart for wounds received on 23 May 1968 in the Republic of Vietnam. 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 with an effective date of 19 June 1968 as follows: a. Delete the Vietnam Service Medal. Add the: * Purple Heart * Meritorious Unit Commendation * Vietnam Service...
ARMY | BCMR | CY2008 | 20080013062
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. The evidence of record shows the FSM 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 the FSM the Purple Heart for wounds received in action on 18 May 1968 in the Republic of Vietnam; b. awarding the FSM the Good Conduct Medal...
ARMY | BCMR | CY2015 | 20150001412
The FSMs official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The FSMs OMPF does not contain any evidence to show he was ever recommended for or awarded the BSM by the appropriate award authority.
ARMY | BCMR | CY2009 | 20090013859
The applicant requests the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show two awards of the Bronze Star Medal, three awards of the Purple Heart, and the Silver Star. Item 9 (Awards, Decorations, and Campaigns) of the FSM's DA Form 2-1 does not list awards of the Purple Heart or the Bronze Star Medal. In this case, there are no general orders that show the FSM was awarded the Purple Heart; there...
ARMY | BCMR | CY2008 | 20080006234
The FSMs records show that he was inducted into the Army of the United States on 6 June 1968. With respect to the FSM's second award of the Purple Heart, there are no general orders that show he was awarded a second award of the Purple Heart; there is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds; and the FSM's name is not listed a second time on the Vietnam Casualty Roster. ...