IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028373
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.
2. The applicant states his Bronze Star Medal, awarded 31 May 1969, is not shown in item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
3. The applicant provides copies of his DD Form 214, effective 27 November 1969; DA Form 20 (Enlisted Qualification Record), and a Bronze Star Medal certificate and citation, dated 31 May 1969.
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 enlisted in the Regular Army on
20 April 1967. He completed his initial training and was awarded military occupational specialty 71P (Flight Operations Specialist). He was honorably released from active duty on 27 November 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. He served in the Republic of Vietnam from on or about 17 August 1968 to on or about 20 November 1969. During his tour he was assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Air Cavalry Division.
4. Item 24 of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, and Air Medal.
5. The applicant's records do not contain general orders awarding him the Bronze Star Medal.
6. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States 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 Bronze Star Medal orders on file for the applicant.
7. The applicant submitted copies of a Bronze Star Medal certificate, dated
31 May 1969, and a Bronze Star Medal citation for the period 1 September 1968 through 30 April 1969.
8. Army Regulation 600-8-22 (Military Awards) provides that 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:
1. The applicant requests his DD Form 214 be corrected to show award of the Bronze Star Medal.
2. There is no evidence in the available records of award of the Bronze Star Medal other than the copies of the citation and certificate submitted by the applicant. The governing Army regulation states for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required for award of the Bronze Star Medal. In the absence of orders, regrettably, there is insufficient evidence to add the Bronze Star Medal to his DD Form 214.
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) AR20100028373
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100028373
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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