IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023681
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM).
2. The applicant states the BSM was omitted from his DD Form 214 by mistake.
3. The applicant provides his DD Form 214, BSM citation, BSM award certificate, and DD Form 256A (Honorable Discharge 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 applicant's military records are not available to the Board for review; however, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.
3. He enlisted in the Regular Army, for a 3-year term, on 1 February 1967. He completed training, and after service in an initial military occupational specialty (MOS) and promotion to the noncommissioned officer ranks, he was reclassified into MOS 31M (Radio Relay and Carrier Specialist).
4. While his records show he served in Vietnam, his exact dates of service cannot be ascertained. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows he was last assigned to the 261st Signal Company, United States Army Vietnam, and item 22c (Foreign and/or Sea Service) credits him with 2 years and 14 days of foreign service.
5. On 5 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. His DD Form 214 shows he completed 2 years, 7 months, and 5 days of net service during this period of active duty. The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)]
* 4 Overseas Service Bars
7. His records do not contain general orders which authorized him award of the BSM.
8. 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 BSM orders for him.
9. He submitted a BSM citation and certificate that show he was awarded the BSM for meritorious achievement in ground operations against hostile forces from 2 November 1967 to 13 August 1969 in Vietnam. He did not submit the official orders that awarded him this medal.
10. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The BSM citation and certificate he submitted showing award of the BSM are noted; however, without official orders, they are insufficient to grant him the requested relief. The governing Army regulation states that for personal decorations (which include the BSM) formal recommendation, approval through the chain of command, and announcement in orders are required.
2. The applicants sincerity is not in question. However, in the absence of official orders, there is insufficient evidence to correct his records to show the BSM.
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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023681
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