BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100027050
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 that his award of the 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 received the BSM after his discharge and it was not added to his DD Form 214. He also states he lost all of the paperwork, but it is important to him to have proof of the award.
3. The applicant provides no additional evidence with his application.
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 enlisted in the Regular Army in Houston, Texas, on 4 February 1966 for a period of 4 years and assignment to Europe. He completed training at Fort Polk, Louisiana, and was transferred to Germany on 16 July 1966.
3. On 22 March 1968, he was transferred to Vietnam where he served with an artillery battery until he departed Vietnam on 21 March 1969 for assignment to Fort Ord, California.
4. On 6 August 1969, he was again transferred to Vietnam for assignment to an artillery battery. He departed Vietnam on 27 January 1970 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on the same date as an overseas returnee. He completed 3 years, 11 months, and 24 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Presidential Unit Citation, Republic of Vietnam Campaign Medal, and Vietnam Service Medal.
5. A review of the available records failed to show any evidence the applicant was recommended for or awarded the BSM for his service in Vietnam.
6. 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 orders for award of the BSM.
7. 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. While the sincerity of the applicant's claim that he was awarded the BSM for his service in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application any evidence to support his claim.
2. In the absence of evidence to show he was awarded the BSM or that he was, in fact, recommended for the award and the recommendation was not acted on, there appears to be no basis to grant his request.
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 this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his 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) AR20100027050
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ABCMR Record of Proceedings (cont) AR20100027050
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