IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100022171
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 (BSM).
2. The applicant states his BSM is not reflected on his DD Form 214.
3. The applicant provides a BSM certificate and citation.
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 was inducted into the Army of the United States on 28 October 1969. He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 11 November 1970 to 20 August 1971. Item 38 (Record of Assignments) shows he was assigned to Company C, 1st Battalion, 20th Infantry Regiment and he performed the duties of a squad leader during his RVN tour. Item 41 (Awards and Decorations) includes an entry which lists both the BSM and Army Commendation Medal (ARCOM) on the same line; however the BSM entry is lined through. The "Authority" for this entry is listed as "SO [Special Orders] 06028, HQ 23rd Inf Div 29 May 1971."
4. The applicant's 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.
5. On 20 August 1971, the applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 9 months, and
23 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* ARCOM
* Combat Infantryman Badge
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. The applicant provides a certificate that shows he was awarded the BSM for meritorious achievement while serving in the RVN from 1 September 1970 to 30 June 1971. He also provides an award citation that shows the BSM was presented to him for meritorious service in the RVN during the same period.
7. 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 BSM pertaining to the applicant. However, it does contain a copy of General Orders Number 06028, issued by Headquarters, 23rd Infantry Division, dated 29 May 1971, that awarded the applicant the ARCOM for meritorious achievement in Vietnam during the period 1 November 1970 through 30 April 1971.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in
pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders showing the applicant was awarded the BSM by the appropriate award authority. The applicant's DA Form 20 documents the BSM and ARCOM on the same entry; however, the BSM is lined through. Verification through ADCARS confirms the orders number identified on the DA Form 20 is for the ARCOM, and not the BSM. As a result, the evidence he provides cannot be corroborated by the evidence of record.
2. In view of the foregoing, there is no basis for granting the applicant's 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.
_________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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