IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011155
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, in effect, 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 (BSM).
2. He states Major T____ of the 20th Transportation Detachment informed him that he was awarded the BSM for his action on 8 January 1967 in Pleiku, Vietnam. The BSM is not listed on his DD Form 214 and he never received this award.
3. He provides a copy of his DD Form 214.
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 records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 31 May 1963. After completion of training, he was awarded military occupational specialty 2136 (Non-Tactical Unit Officer).
3. His DA Form 66 (Officer Qualification Record) shows the following information:
* item 17 (Foreign Service) he served in Vietnam from 28 September 1966 through 22 April 1967
* item 18 (Record of Assignments) he was assigned to the 512th, 520th, and 5th Transportation Companies during his tour in Vietnam
* item 21 (Awards and Decorations) does not include the BSM
4. His DD Form 214 shows he was honorably released from active duty on 1 May 1967 and transferred to the USAR Control Group (Reinforcement) for completion of his Reserve service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the BSM.
5. A review of his records did not reveal any documentation to show he was recommended for or awarded the BSM.
6. 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 awarding him the BSM.
7. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. His request for correction of his DD Form 214 to add the BSM was carefully considered.
2. There is no evidence of record to show he was recommended for or awarded the BSM and he has not provided sufficient evidence to show his entitlement to the BSM.
3. Should he obtain a copy of official orders or documentation showing he was recommended for or awarded the BSM, he can use that documentation as new evidence to resubmit his request.
4. In the absence of such evidence; there is an insufficient basis on which to grant the requested relief.
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) AR20110011155
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011155
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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