IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029504
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 that he was awarded the BSM; however, it is not reflected on his records.
3. The applicant provides a copy of his 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 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 enlisted in the Regular Army in Beckley, West Virginia on 18 October 1965 for a period of 3 years. He completed his basic training at Fort Knox, Kentucky, his advanced individual training as a military policeman at Fort Gordon, Georgia and his airborne training at Fort Benning, Georgia before being transferred to Fort Campbell, Kentucky for assignment to the 101st Military Police Company. He was advanced to the pay grade of E-4 on 31 December 1966.
3. On 3 December 1967 he was transferred to Vietnam with his unit. He served in Vietnam until 6 October 1968 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) that date as an overseas returnee. He had served 2 years, 11 months, and 19 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.
4. The BSM Citation provided by the applicant reflects that he was awarded the BSM for meritorious service during the period of 1 January to 31 August 1968.
5. A review of his official records and 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 awarding him the BSM.
6. 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, there is insufficient evidence (orders) to support his claim.
2. In the absence of orders to show he was awarded the BSM, there appears to be no basis to grant his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant 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) AR20100029504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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