IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110001619
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 following:
* Bronze Star Medal (BSM)
* BSM with 1st Oak Leaf Cluster (1OLC)
* Army Commendation Medal (ARCOM)
2. He states he received the certificates for these awards.
3. He provides copies of certificates for the BSM (1OLC) and ARCOM.
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's record shows he was inducted into the Army of the United States on 12 February 1969. He served in Republic of Vietnam (RVN) from 14 July 1969 to 11 July 1970. He was honorably released from active duty on 11 February 1971.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the BSM, BSM (1OLC), or ARCOM.
4. There is no entry in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) showing he was awarded the BSM, BSM (1OLC), or ARCOM. Additionally, there is no evidence of any general orders awarding him these medals.
5. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed. This review failed to show any orders were published authorizing awards of the BSM, BSM (1OLC), or ARCOM to him.
6. He provides a BSM Certificate, dated 6 July 1970, that shows he was awarded the BSM (1OLC) for meritorious achievement in ground operations against hostile forces in the RVN from July 1969 to July 1970. He also provides an ARCOM Certificate, dated 19 July 1970, that shows he was awarded the ARCOM for meritorious achievement in the RVN from 1 January to 30 April 1970.
However, these certificates are not contained in his military personnel record.
7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the BSM was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the BSM for service was delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). An oak leaf cluster is authorized for wear for each additional award of the BSM.
8. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious 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 fact the applicant provided two certificates indicating he was awarded the BSM (1OLC) and ARCOM is not sufficient evidence with which to add these awards to his DD Form 214. He provided no orders showing he was awarded the BSM, BSM (1OLC), or ARCOM and no evidence was found in his service personnel record or in ADCARS. Therefore, there is insufficient evidence to support addition of these awards to his DD Form 214.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20110001619
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ABCMR Record of Proceedings (cont) AR20110001619
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