IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024576
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 his Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the BSM, but it was not entered on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* Bronze Star Medal Citation
* Bronze Star Medal 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 was inducted into the United States and served on active duty from 10 February 1970 through 16 September 1971. He was trained as a field artillery crewman and he served in Vietnam from on or about 26 June 1970 to on or about 14 September 1971 with:
* Battery D, 3rd Battalion, 13th Field Artillery, 25th Infantry Division, from 5 July to 16 November 1970
* Headquarters and Headquarters Battery and Battery A, 2nd Battalion, 11th Artillery, 101st Airborne Division, from 17 November 1970 to 14 September 1971
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the National Defense Service Medal and Vietnam Service Medal in block 41 (Awards and Decorations). It does not show the BSM.
4. General Orders Number 10631, Headquarters, 25th Infantry Division, Vietnam, dated 28 October 1970, awarded the applicant the Army Commendation Medal for meritorious achievement from 1 September 1970 to 24 October 1970.
5. General Orders Number 8657, Headquarters, 101st Airborne Division, Vietnam, dated 19 August 1971, awarded the applicant the Army Commendation Medal for meritorious service from June 1970 to August 1971.
6. The documentation provided by the applicant showing award of the BSM shows it was awarded by the Commanding General, 101st Airborne Division for meritorious achievement during the period June 1970 to April 1971. The applicant did not provide orders, and there are no BSM orders in his records.
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 BSM orders pertaining to the applicant. The review did, however, reveal two sets of orders awarding the Army Commendation Medal as indicated in paragraphs 4 and 5 above.
8. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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.
9. Army Regulation 600-8-22 also provides only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the BSM be added to his DD Form 214. He provides a Citation and a Certificate for the BSM for meritorious achievement from June 1970 to April 1971. No orders are available for this award.
2. The applicant's records and ADCARS contain orders awarding him two Army Commendation Medals during the same approximate period of time.
3. Army Regulation 600-8-22 does not permit multiple awards to be issued for the same period of time. This means a Soldier cannot receive a BSM and an Army Commendation Medal for the same act, achievement, or period of meritorious service.
4. Since there are no orders available to prove the applicant's award of the BSM, the addition of the BSM is denied at this time.
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 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) AR20100024576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024576
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