IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110002910
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 he was awarded the Bronze Star Medal for service in Vietnam.
3. The applicant provides copies of his DD Form 214, Bronze Star Medal Certificate, Bronze Star Medal Citation, and an award ceremony picture.
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. His military records show he enlisted in the Regular Army on 15 September 1966. He completed training and was awarded the military occupational specialty of infantry indirect fire crewman. He was promoted to the rank/grade of sergeant/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 26 March 1967 through 19 March 1968.
4. He was honorably released from active duty on 12 September 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a total of 2 years, 11 months, and 28 days of active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Bronze Star Medal.
6. He provides copies of a Bronze Star Medal Certificate, dated 16 March 1968, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from March 1967 to March 1968; a Bronze Star Medal Citation; and an award ceremony picture.
7. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal by proper authority.
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 any orders for award of the Bronze Star Medal pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself or herself by heroism or meritorious achievement or service not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. 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 applicant provided copies of a Bronze Star Medal Certificate and Citation, he did not provide orders authorizing this award.
2. There is no evidence of record and he did not provide any evidence that he was awarded or recommended for award of the Bronze Star Medal. Without orders there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
3. 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) AR20110002910
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ABCMR Record of Proceedings (cont) AR20110002910
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