IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110002927
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 on 3 May 1968 while assigned to Company A, 2nd Battalion, 3rd Infantry, 199th Light Infantry Brigade. The award caught up with him after his discharge from the service and is not documented on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, DD Form 215 (Correction to DD Form 214), and Bronze Star Medal Certificate and 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 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 records show he was inducted into the Army of the United States on 30 August 1966 and held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam with Company A, 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade, from 10 February 1967 to 4 February 1968.
3. He was honorably released from active duty on 8 August 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, later corrected by a DD Form 215, does not show award of the Bronze Star Medal.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal nor do his official military records contain any general orders which authorize him award of the Bronze Star Medal.
5. 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 Bronze Star Medal orders for the applicant.
6. He submitted a certificate and citation which show he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from February 1967 to February 1968. He did not submit official orders awarding him the medal.
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 Bronze Star Medal may have been 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The certificate and citation he submitted which show award of the Bronze Star Medal are noted; however, they are insufficient to grant him the requested relief without official orders. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).
2. The applicant's sincerity is not in question. However, in the absence of official orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
3. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110002927
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ABCMR Record of Proceedings (cont) AR20110002927
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