IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100027765
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. He states he was awarded the BSM on 26 October 1970 and has the certificate and citation for the award.
3. He provides:
* BSM Certificate
* BSM 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 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 on 24 November 1969.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he was assigned to Company E, 723rd Maintenance Battalion, from 24 November 1969 to 19 October 1970. Item 41 (Awards and Decorations) does not show award of the BSM.
4. On 23 August 1972, he was released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years and 9 months of net active service. His DD Form 214 shows in:
a. item 24 (Decorations, Medals, Bandages, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the BSM; and
b. item 30 (Remarks) service in Vietnam from 24 November 1969 to 25 October 1970.
5. He submitted a BSM Certificate, dated 26 October 1970, which shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from November 1969 to November 1970.
6. He submitted a BSM Citation which shows he was presented the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from November 1969 to November 1970.
7. His official military record contains a DD Form 215 (Correction to DD Form 214), dated 27 September 2010, to show his DD Form 214 for the period ending 23 August 1972 was corrected to delete the Vietnam Service Medal and to add the Air Medal, Army Commendation Medal with one oak leaf cluster, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 orders for the Bronze Star Medal pertaining to the applicant.
9. 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 n 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 applicant's record does not contain any orders that show award of the BSM. Additionally, a review of ADCARS failed to reveal BSM orders in the applicant's name.
2. Although he provides a certificate and citation, in the absence of orders to corroborate award of the BSM, it would inappropriate to correct his record to show receipt of this award.
3. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100027765
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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