IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110014542
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 he was awarded the Bronze Star Medal.
2. The applicant states he believes the Bronze Star Medal was omitted in error.
3. The applicant provides a Bronze Star Medal Certificate dated 29 June 1971.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He was inducted into the Army on 19 January 1970. He completed training as an automotive repair parts specialist. He arrived in Vietnam on 10 July 1970.
3. He departed Vietnam en-route to the U.S. on 9 July 1971. He was honorably released from active duty on 20 January 1972. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* two Overseas Service Bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge (Rifle M-16 and M-14)
4. There are no orders contained in the applicants official military records showing he was awarded the Bronze Star Medal while he was in the Army.
5. The applicant submits a Bronze Star Medal Certificate showing he received the Bronze Star Medal on 25 June 1971, for meritorious achievement in ground operations against hostile forces from 10 July 1970 to 9 July 1971.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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. The applicants contentions have been noted. His supporting evidence has been considered.
2. There are no orders contained in the applicants official military record, nor are there orders in ADCARS, showing he was awarded the Bronze Star Medal while he was in the Army. Therefore, it appears that it is properly not shown on his
DD Form 214.
3. He has not submitted orders showing he was awarded the Bronze Star Medal and the Bronze Star Medal Certificate he submitted is not sufficient to warrant granting the requested relief.
4. In view of the foregoing, the applicants request should be denied.
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 that 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) AR20110014542
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ABCMR Record of Proceedings (cont) AR20110014542
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