IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025497
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 award of the Bronze Star Medal.
2. The applicant states, in effect, he never received the Bronze Star Medal and it is not shown on his DD Form 214.
3. The applicant provides his DD Form 214 and an award 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 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 records show he was inducted into the Army of the United States on 16 May 1969 and he held military occupational specialty 31E (Field Radio Repairer). He served in Vietnam from 5 April 1970 to 9 March 1971 while assigned to the 185th Maintenance Support Battalion.
3. He was honorably released from active duty on 12 March 1971 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 27 days of creditable active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.
5. There are no orders in his records that show he was awarded the Bronze Star Medal.
6. During the processing of this case, a member of the Boards staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any orders for the Bronze Star Medal.
7. The applicant provides a Bronze Star Medal award certificate, dated 30 March 1971, wherein it states he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period April 1970 to March 1971.
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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records that shows the applicant was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.
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) AR20100025497
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025497
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002847
His DD Form 214 shows he was awarded the: * National Defense Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" device * Vietnam Service Medal with 2 bronze service stars 8. The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100023993
However, item 24 of the DD Form 214 at the time of the applicant's 1971 separation was required to show all awards the Soldier has received during his military service. The evidence of record shows he was awarded the Vietnam Service Medal and that he participated in seven campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214, dated 28 March 1971, the...
ARMY | BCMR | CY2012 | 20120003240
The applicant states the above medals are not listed on his DD Form 214; however, he has supporting evidence to show he was awarded the medals for his service in Vietnam. He 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. deleting from his DD Form 214 the Air Medal, Air Medal with "V" Device, Vietnam Service Medal, and two Overseas Service Bars; and b. adding to his DD Form 214...
ARMY | BCMR | CY2011 | 20120000577
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of two additional Bronze Star Medals (BSM). Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows he was awarded the BSM with "V" Device by the abovementioned general orders, dated 25 April 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100013673
Although the applicant provided three separate Bronze Star Medal Certificates, award orders are necessary to validate individual awards of the Bronze Star Medal. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded Vietnam Service Medal. 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 by adding a second Bronze Star Medal,...
ARMY | BCMR | CY2009 | 20090019922
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * service in Vietnam through April 1971 instead of April 1970 * three awards of the Army Commendation Medal * two awards of the Bronze Star Medal 2. The applicant states the following: * his DD Form 214 shows his Vietnam service from 6 September 1969 through 5 April 1970 * he was actually in Vietnam through April 1971 * his DD Form 214 shows he was...
ARMY | BCMR | CY2012 | 20120007317
This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 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 (1st Award) for the period 24 March 1970 through 28 October 1971; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the Bronze Star Medal, Army Good...
ARMY | BCMR | CY2013 | 20130016604
His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 9. He served in Vietnam during two campaigns; therefore, he is entitled to award of one additional bronze service...
ARMY | BCMR | CY2015 | 20150000364
The applicant provides: * Enlisted DD Form 214, ending on 7 September 1969 * Warrant Officer DD Form 3214, ending on 27 March 1971 * Certificate for award of the Distinguished Flying Cross * Certificate for award of the Bronze Star Medal * Letter from the National Personnel Records Center CONSIDERATION OF EVIDENCE: 1. His records do not contain recommendations or orders awarding him the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080019560
Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the award of the Bronze Star Medal or the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...