IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110006419
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 and Army Commendation Medal.
2. He states the Bronze Star Medal and Army Commendation Medal are not listed on his DD Form 214.
3. The applicant provided a self-authored statement and a copy of his Bronze Star Medal 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. His record shows he was inducted into the Army of the United States on 28 September 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty 05B (International Speed Radio Operator). The highest rank/grade he attained while serving on active duty was sergeant/E-5.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the:
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 2 December 1967 through 21 September 1968.
5. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company A, 13th Signal Battalion, 1st Cavalry Division, during his tour of duty in the Republic of Vietnam.
6. Item 41 (Awards, Decorations, and Campaigns) of his DA Form 20 does not show award of the Bronze Star Medal or Army Commendation Medal.
7. There is no evidence in the available record showing he was awarded or recommended for award of the Bronze Star Medal or Army Commendation Medal.
8. The applicant provides a copy of a Bronze Star Medal Citation showing the Bronze Star Medal was presented to him for outstandingly meritorious service in connection with military operations against a hostile force during the period September 1967 to September 1968.
9. 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 the ARCOM pertaining to the applicant.
10. 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.
11. Army Regulation 600-8-22 provides that the Army Commendation Medal 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, distinguished 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 applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal and Army Commendation Medal was carefully considered; however, there is insufficient evidence to support his request.
2. His record is void of any evidence and he has not provided any evidence showing he was awarded or recommended for award of the Bronze Star Medal and Army Commendation Medal in orders.
3. Absent such evidence, there is no basis to grant this request.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. 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.
_______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) AR20110006419
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006419
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090008722
There is no evidence the applicant received the first award of the Army Good Conduct Medal. Although the applicant requests correction of his DD Form 214 to show four awards of the Army Commendation Medals, evidence of record shows he received only three awards of the Army Commendation Medal, of which two were for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Army...
ARMY | BCMR | CY2011 | 20110012285
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. General and special orders awarded him the following: * Purple Heart * Bronze Star Medal for service * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge...
ARMY | BCMR | CY2008 | 20080003616
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant 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 applicant the Good Conduct Medal (1st Award) for exemplary behavior,...
ARMY | BCMR | CY2014 | 20140018137
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 September 1970 to show award of the Purple Heart. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) no injuries or wounds * item 41 (Awards and Decorations) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device * Army...
ARMY | BCMR | CY2009 | 20090003202
The evidence of record also shows that this citation was filed in the applicants military personnel records. Thus, despite the absence of orders, based on the available evidence in this instance, it would be appropriate to correct the applicants records to show award of the Bronze Star Medal with V Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal with V Device...
ARMY | BCMR | CY2008 | 20080007631
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080007631 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants service records contain the following orders awarding the Bronze Star Medal: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 all mention of the Bronze Star Medal in items 24 and 30; b. adding to his DD Form 214 in item 24 the Bronze Star Medal with...
ARMY | BCMR | CY2009 | 20090013987
There are no orders or other evidence authorizing award of these decorations to the applicant. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the National Defense Service Medal, ARCOM with first oak leaf cluster, Combat Infantryman Badge, Purple Heart, Air Medal, Vietnam Service Medal (VSM) with one bronze service star, and the RVN Campaign Medal with Device (1960). As a result, the Board...
ARMY | BCMR | CY2010 | 20100017462
Records show the applicant was awarded the Vietnam Service Medal. The applicant did not provide evidence nor does his service record show he was awarded a third Army Commendation Medal by the publication of general orders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for his period of service from 31 January 1969 to 29 January 1971; b. removing from item 24 of his DD Form...
ARMY | BCMR | CY2013 | 20130004398
In support of his request, he provided copies of: * Army Commendation Medal with "V" Device Certificate, dated 23 November 1969, for heroism in the Republic of Vietnam on 20 October 1969 * Headquarters, II Field Force Vietnam, General Orders Number 4361, dated 25 November 1969, showing he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 20 October 1969 * Air Medal Certificate,...
ARMY | BCMR | CY2008 | 20080019483
Records show the applicant was awarded the Vietnam Service Medal. The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period 29 November 1967 to 2 September 1969 and to have it added to his DD Form 214. As such, under the provisions of the Army Regulation 600-8-22, which preclude awards for the same period and in the absence of orders confirming the award, there is insufficient evidence for the Board to correct the applicants records to show...