IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20100029969
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 the Bronze Star Medal is not shown in his DD Form 214.
3. The applicant provides a copy of his Bronze Star Medal Certificate, dated
28 October 1970.
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 20 January 1969. He was honorably released from active duty on
9 October 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. He served in the Republic of Vietnam from on or about 13 October 1969 to on or about 12 October 1970. During his tour he was assigned to Headquarters and Headquarters Company, 3rd Ordnance Company (Ammunition) (Direct Support) and the 148th Ordnance Company (Direct Support/General Support).1st Brigade, 101st Air Cavalry Division.
4. Item 24 of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign 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 a copy of a Bronze Star Medal certificate, for the period 1 October 1969 through 31 October 1970, dated 28 October 1970.
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 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) AR20100029969
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029969
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004494
The DD Form 214 he was issued does not show the Bronze Star Medal or the Combat Infantryman Badge. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal.
ARMY | BCMR | CY2013 | 20130012489
The applicant requests, in effect, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: a. DD Form 214 for the period ending 17 August 1961: * 1 bronze service star for the Korean Summer-Fall Campaign 53 * Korean Presidential Unit Citation * Two Overseas Service Bars * Driver Badge with Driver W-Bar b. DD Form 214 for the period ending 30 November 1972: * Two additional bronze service stars for his Vietnam Service Medal *...
ARMY | BCMR | CY2010 | 20100029998
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 * three bronze service stars for wear on his Vietnam Service Medal * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal...
ARMY | BCMR | CY2009 | 20090019560
Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The FSMs service record does not show he was recommended for or awarded the Army Achievement Medal. However, the FSMs service record does not contain any orders or other evidence which shows he was recommended for or awarded the Army...
ARMY | BCMR | CY2011 | 20110012208
He also requests award of the: * Bronze Star Medal * Air Medal * North Atlantic Treaty Organization (NATO) Medal * Combat Action Badge * Army Good Conduct Medal * Overseas Service Ribbon * Cold War Recognition Certificate He further requests issuance of the medal set for the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. He made numerous flights into hostile...
ARMY | BCMR | CY2013 | 20130011841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal and two awards of the Army Commendation Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal (2nd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form...
ARMY | BCMR | CY2004 | 20040009399C070208
The applicant provides: a. Therefore, it would be appropriate to correct his records to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds received on 23 January 1969 while serving in Vietnam; b. awarding the Air Medal with Numeral 2. c. awarding the first award of the Army Good Conduct Medal, for qualifying honorable active duty service from 31 January 1967...
ARMY | BCMR | CY2008 | 20080010114
The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. Additionally, there are no orders in the applicant's military records which awarded him any level of the Army Commendation Medal. However, as...
ARMY | BCMR | CY2011 | 20110011172
He adds his military records should show the following awards: * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) [2nd Award] * Meritorious Service Medal (awarded upon retirement) * Army Commendation Medal (4th Award) * Army Good Conduct Medal (4th Award) * National Defense Service Medal (1st Oak Leaf Cluster) [2nd Award] * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation [2nd Award] * Korea...
ARMY | BCMR | CY2008 | 20080017271
The applicant contends that the FSM should be awarded the Purple Heart for being injured during a combat operation on 8 August 1970 in the Republic of Vietnam. The evidence of record shows the FSM 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. awarding the FSM the Purple Heart for wounds received in action in the Republic of Vietnam on 8 August 1970; b. deleting the entry...